Bhojshala-Kamal Maula complex declared as temple by Madhya Pradesh High Court

What Happened

• On 15 May 2026, the Indore Bench of the Madhya Pradesh High Court delivered a 242-page judgment declaring the Bhojshala-Kamal Maula complex in Dhar (Madhya Pradesh) a Hindu temple dedicated to Goddess Vagdevi (Saraswati).
• The court cancelled a 2003 Archaeological Survey of India (ASI) circular that had allowed Friday prayers (namaz) by Muslims at the site, ending a "shared use" arrangement under which Hindus worshipped on Tuesdays and Muslims offered Friday namaz.
• The ruling relied substantially on an ASI scientific survey (ordered by the same court in March 2024) which found over 1,700 antiquities at the site — including idols, Shankh (conch) and Chakra symbols, Sanatani motifs, and coins — all attributable to the Parmar (Paramara) dynasty era.
• The court noted "the continuity of Hindu worship at the site, through regulated worship over time, which has never been extinguished."
• The court suggested that the state government consider allotting separate land in Dhar district for construction of a mosque for the Muslim community.
• Following the verdict, the ASI granted Hindus unrestricted access to the monument for worship.
• The Muslim community retains the right to approach the state government for alternate land.

Static Topic Bridges

Historical Background: Bhojshala and King Bhoja

Bhojshala is located in Dhar, Madhya Pradesh — the capital of the Paramara (Parmar) dynasty from the 9th to 13th centuries CE. The site derives its name from Raja Bhoja (c. 1000–1055 CE), one of the greatest monarchs of the Paramara dynasty, a scholar-king who patronised Sanskrit learning and established an institution of higher learning at Dhar.

Raja Bhoja's legacy: - Considered a polymath; authored over 80 works on grammar, poetry, architecture (Samarangana Sutradhara), philosophy, yoga, and veterinary science. - The Bhojshala was established as a centre of Sanskrit learning dedicated to Maa Vagdevi (Goddess Saraswati/Vagdevi, the goddess of learning and speech). - The site contained a notable Saraswati idol (Vagdevi murti); this idol was taken to London's British Museum in 1875 by British archaeologist C.H. Cousens and remains there.

Medieval history of the site: - Bhojshala was attacked and damaged repeatedly after the decline of Paramara power. - First recorded damage: During the reign of Alauddin Khilji (early 14th century). - The mosque (Kamal Maula Mosque) was constructed using materials from the earlier temple structure — a pattern archaeologists identify through carved pillars, ceilings, and structural elements that predate Islamic architectural conventions. - The ASI 2024 survey found that the existing structure incorporated reused temple components in the mosque construction.

Archaeological Survey of India (ASI)

The Archaeological Survey of India is the premier archaeological body of India, operating under the Ministry of Culture.

Founding and mandate: - Established 1861 by Alexander Cunningham as its first Director-General. - Mandate: Archaeological research, excavation and exploration, conservation and maintenance of centrally protected monuments and sites, regulation of antiquities trade (under the Antiquities and Art Treasures Act 1972).

Protected Monuments: - ASI maintains 3,693 centrally protected monuments under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) 1958. - Bhojshala-Kamal Maula complex is an ASI-protected monument.

ASI's role in religious disputes: - In Ayodhya, the Supreme Court (2019) relied on an ASI survey (ordered in 2003) that found the remains of a large pre-existing structure beneath the Babri Masjid. - In Bhojshala, the MP High Court ordered an ASI scientific survey in March 2024. The ASI submitted its report, and the 1,700+ antiquities found — including temple iconography — became the evidentiary basis for the ruling. - ASI surveys in such disputes are court-ordered and use ground-penetrating radar, excavation, photogrammetry, and artifact analysis.

Places of Worship (Special Provisions) Act, 1991

Purpose: Enacted to prevent re-litigation of religious character of places of worship existing on 15 August 1947. The Act was passed in the context of the Ayodhya dispute to prevent similar disputes from arising at other sites.

Key provisions: - Section 3: Prohibits conversion of any place of worship of any religious denomination (or any section thereof) into a place of worship of a different denomination or a different section of the same denomination. - Section 4(1): Declares that the religious character of every place of worship shall continue as it was on 15 August 1947. - Section 4(2): Abates all suits, appeals, and proceedings pending in any court relating to the conversion of the religious character of any place of worship as it existed on 15 August 1947. - Section 5: Provides the crucial exception — the Act does not apply to the Ram Janmabhoomi-Babri Masjid site in Ayodhya.

Why Bhojshala is argued to fall outside the Act's protection: The court's ruling in the Bhojshala case rested on the argument that the original character of the site was always Hindu (a temple), and that the mosque use did not extinguish Hindu worship — which was permitted in a regulated form even under the 2003 ASI arrangement. The court therefore found "continuity of Hindu religious character" — meaning the Act's freezing of status as of 1947 could be interpreted as preserving the Hindu character that was already in restricted use in 1947.

This reasoning is contested: critics argue the Act should prohibit any change to the shared-use arrangement that existed in 1947 and 1991.

Articles 25–28: Constitutional Provisions on Religion

Article 25: Freedom of conscience and free profession, practice, and propagation of religion — subject to public order, morality, and health, and to other provisions of Part III (Fundamental Rights).

Article 26: Freedom to manage religious affairs — every religious denomination has the right to: - Establish and maintain institutions for religious and charitable purposes - Manage its own affairs in matters of religion - Own and acquire movable and immovable property - Administer such property in accordance with law

Article 27: No person shall be compelled to pay taxes for promotion or maintenance of any particular religion.

Article 28: No religious instruction in state-funded educational institutions (with limited exceptions for endowment-based institutions).

Significance for this case: - Article 26 is at the centre of the dispute: the Muslim community argues it has the right to manage the Kamal Maula Mosque as a religious institution; the Hindu community argues the original Article 26 right belongs to the Vagdevi/Saraswati temple institution. - The court has effectively ruled that the primary religious denomination's rights under Article 26 belong to the Hindu character of the site.

Waqf Act and Implications

A Waqf is an inalienable religious endowment under Islamic law, dedicated to God for religious, educational, or charitable purposes. The Waqf Act 1995 (amended 2013) in India established State Waqf Boards and the Central Waqf Council to manage waqf properties.

Bhojshala and Waqf: - If the Kamal Maula Mosque were registered as a waqf property, any court order changing its religious character would need to engage the Waqf Board as a party. - The MP High Court's ruling effectively overrides any such claim by establishing the primary Hindu character based on archaeological evidence and pre-1947 religious continuity. - The Waqf (Amendment) Act 2025, passed by Parliament, revised the process for determination of waqf property status — including requiring physical survey before declaration, and making the district collector's determination final in cases of dispute with government land.

Key Facts & Data

• Bhojshala complex location: Dhar, Madhya Pradesh
• Court: Madhya Pradesh High Court, Indore Bench; judgment: 15 May 2026; 242 pages
• Ruling: Site declared Hindu temple (Vagdevi/Saraswati); 2003 ASI Friday namaz order cancelled
• ASI survey: Ordered March 2024; found 1,700+ antiquities (Parmar-era artifacts, temple iconography)
• Raja Bhoja: Paramara king, c. 1000–1055 CE; scholar-king; founded Bhojshala as Sanskrit centre
• Vagdevi idol: Removed to British Museum by C.H. Cousens (1875)
• Previous arrangement (2003 ASI order): Hindus worship Tuesdays; Muslims namaz on Fridays
• Places of Worship (Special Provisions) Act 1991: Freezes religious character as of 15 August 1947; Ayodhya is the only statutory exception
• ASI established: 1861; operates under Ministry of Culture
• ASI centrally protected monuments: 3,693
• Article 25: Freedom of religion (individual)
• Article 26: Freedom to manage religious affairs (denominational)
• Waqf (Amendment) Act: 2025
• Post-verdict: ASI grants Hindus unrestricted access; Muslim community may seek alternate land from state government