Center powered to take Aurangzeb tomb off heritage list

Mumbai: More than 300 years after it was built, the ‘Tomb of Aurangzeb’ is back in the limelight as a Hindi film stokes an anti-Aurangzeb mood. But can the structure, which is protected by the Archaeological Survey of India be removed at the whims of a few?

The festive cheer in Maharashtra, in the week of Holi, has been disrupted by sporadic clashes and violence. The reason — an ancient tomb where Mughal emperor Aurangzeb has been buried in Khuldabad near Chhatrapati Sambhaji Nagar. While Aurangzeb has indeed been a polarising figure in Indian history, his name is sparking communal tensions and violence in parts of the state. Elected representatives are using the hallowed halls of the state legislature to heap insult and abuse on the opponent by likening them to the Mughal, who is currently best known for his atrocities.

A drive through Chhatrapati Sambhajinagar, formerly Aurangabad, barely nudges you towards this tomb in Khuldabad, where Sufi saint Khwaja Syed Zainuddin Shirazi is also buried. Aurangzeb died in March 1707 in present-day Ahilyanagar, earlier known as Ahmednagar. His wish, according to historical records, was to have a simple tomb, a far cry from the extravagant tombs of his predecessors. But despite its unassuming presence, the tomb, almost forgotten, is in the eye of a storm. If certain right-wing outfits and politicians are out to demolish it, others are demanding its protection. But even as political leaders make high-pitched demands for razing it to the ground, the rules state that the Government of Maharashtra has no power to remove a monument which is protected by the Archaeological Survey of India (ASI).

The Ancient Monuments Preservation Act, 1904 and The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) protect various monuments and structures and pieces of cultural heritage. The ASI, which comes under the Union Ministry of Culture, has more than 3500 historical monuments and archaeological sites under its purview for protection across the country. This includes palaces, forts, prehistoric rock shelters, rock-cut caves, places of worship of different faiths, burial sites, bathing ghats and water reservoirs, among others.

The AMASR Act prevents construction of any sort around a protected structure in a bid to preserve its glory and avoid any damage and there are strict penalties that can be imposed for defacing or destroying any part of such structures.

A monument of structure, however, can be dropped from the list according to Section 35 of the AMASR Act which states that the Central Government has the authority to de-list a structure if it is of the opinion that “any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance.” All it needs is a notification in the Official Gazette, declaring that such a structure ceases to be of national importance.

In the current scenario, de-listing the tomb will need intervention from the Centre and is outside the jurisdiction of the state government.