New Delhi/Nagpur: Senior advocate and former state minister Adv. Sulekha Kumbhare has filed a petition in the Supreme Court demanding the transfer of control over the historic Mahabodhi Mahavihara in Bodh Gaya, Bihar, to the Buddhist community. The plea seeks amendments to the Bodh Gaya Temple Act, 1949, claiming it violates constitutional rights of Buddhists. Kumbhare expressed confidence that just as the Supreme Court delivered a verdict in favour of faith in the Ram Janmabhoomi case, a similar outcome will be achieved in this case.
The Mahabodhi Mahavihara is one of the most revered pilgrimage sites for Buddhists worldwide. While Buddhists hold it sacred, the current management structure includes equal representation from Hindus and Buddhists along with the District Magistrate, as per the Bodh Gaya Temple Act of 1949. Kumbhare’s petition argues that this arrangement infringes on the fundamental rights of the Buddhist minority under Articles 13, 25, 26, and 29 of the Indian Constitution.
Speaking to the media, Adv. Kumbhare stated that after 30 years, she donned the lawyer’s robe again to personally file this petition in New Delhi on April 9, 2025. She emphasized that the legal action is not only for Indian Buddhists but for devotees worldwide, and is a step toward fulfilling her duty towards the Dhamma.
Legal Grounds and Constitutional Conflict:
The petition claims that the Bodh Gaya Temple Act, enacted before the Constitution came into effect, is invalid under Article 13, which annuls pre-constitutional laws conflicting with fundamental rights. According to Article 25, every citizen has the right to practice and propagate their religion, while Article 26 grants communities the right to manage their own religious affairs. Article 29 further protects the cultural rights of minorities. The existing act, Kumbhare argues, violates all of these provisions by limiting the Buddhist community’s control over their holiest site.
A Supplement to Bhante Arya Nagarjuna Surai Sasai’s Plea:
Kumbhare mentioned that her petition complements the earlier 2012 petition filed by the revered Buddhist monk Bhante Arya Nagarjuna Surai Sasai, which is still pending in the Supreme Court. She noted that the 2019 verdict in the Ram Janmabhoomi case, which was based on religious belief and faith, serves as a precedent and strengthens the current plea for Buddhists.
Nationwide Protest at Mahabodhi Mahavihara on May 12:
Adv. Kumbhare also announced her participation in a massive nationwide protest called by Buddhist monks at Mahabodhi Mahavihara in Bodh Gaya on May 12, 2025, coinciding with Buddha Purnima. She will be accompanied by hundreds of supporters. She affirmed that the legal battle in the Supreme Court will be backed by a powerful movement on the ground. She vowed to compel the Government of India to amend the Bodh Gaya Temple Act and asserted with confidence that, like the Ram Janmabhoomi verdict, this faith-driven legal battle will also be won.
