Landmark Decision: J&K HC Acts To Protect Neglected Kashmiri Hindu Temples, Shrines

The High Court of Jammu and Kashmir & Ladakh has issued a landmark decision, directing the administration to protect Hindu temples, shrines, and holy springs left neglected after the mass migration of Kashmiri Pandits in 1990. This ruling follows a significant court case initiated by Kashmiri Pandits concerned about the state of these religious sites. The court emphasized the government's duty to safeguard these historical places and invoked the J&K Migrant Immovable Property Act, granting authority to the district magistrate for their preservation. 

The petitioners also raised alarm over encroachments at the sole Hindu cremation ground in Ganderbal district. The court recognized the urgency of this issue, ordering the removal of encroachments within eight weeks. Additionally, the court addressed a disputed lease on one shrine property, ruling it expired and prohibiting any extension. This judgment paves the way for addressing future grievances, allowing any concerned party, including petitioners and previous stakeholders, to report encroachments to the Ganderbal district magistrate for prompt action.

The court's directive states, "For the reasons mentioned above, and without delving into the competing claims of the petitioners and respondents regarding shrine management and properties, it is sufficient to say that the District Magistrates, who have vested authority over migrant properties since the enactment of the 1997 Act, must immediately assume responsibility for safeguarding, preserving, and managing temples, shrines, and their associated properties. The DC shall take necessary steps to prevent any encroachments on temple properties."

This ruling has been welcomed by Kashmiri Pandit petitioners, including Sanjay Tikoo, head of KPSS (Kashmir Pandit Sangharsh Samiti), representing those who remained in the valley after the 1990s exodus. Presently, approximately 900 Kashmiri Pandit families reside in Kashmir, with around 3,000 temples, shrines, and holy springs. Of these, only 105 are well-maintained, highlighting the urgent need for restoration efforts.

Sanjay Tikoo emphasized, "We have identified 1,800 temples, along with 600 cremation grounds and 600 holy springs. Only 100 temples have remained active since the 1990s; the rest are in ruins. We advocate for all temples to be handed over to respective DCs under the 'Kashmiri Pandit Property Act,' ensuring local committees manage them. Revenue from these properties should go to DCs to prevent misappropriation, with necessary funds released for renovations."

Since 2007, KPSS and other organizations have sought protection for these neglected religious sites. Sanjay Tikoo expressed satisfaction with the court's intervention but voiced concerns over previous orders not being implemented. KPSS seeks a CBI inquiry into temple properties from 1989 onwards to uphold their original status.

"We have fought since 2007, and now with the court's support, we feel hopeful," Tikoo stated. "However, previous orders were ignored, raising doubts about the current order's implementation. The court has given one month for DCs of Ganderbal, Srinagar, and Anantnag to assume control of these temples. We await this period to assess its execution."

Kashmiri Pandit organizations remain optimistic that more orders will follow, ensuring all temples, shrines, cremation grounds, and holy springs are entrusted to respective DCs, restoring them to their pre-1990 state.

1. "Jammu & Kashmir High Court Orders Protection for Neglected Kashmiri Pandit Temples"
2. "Landmark Decision: J&K High Court Directs Administration to Safeguard Hindu Shrines"
3. "Victory for Kashmiri Pandits: Court Orders Preservation of Abandoned Temples and Shrines"
4. "Court Directive: Preservation of Kashmiri Pandit Religious Sites After Decades of Neglect"
5. "Historic Ruling: J&K High Court Acts to Protect Shrines of Kashmiri Pandits"