Dispute Over Sectarian Identification Prompts Formation of Expert Committee for Comprehensive Study
In a significant decision, the Allahabad High Court has directed the transfer of a disputed Jain idol, discovered in District Etah, to the Central Museum at Prayagraj for safe custody. This directive stems from an ongoing dispute between the Digambar and Shwetambar sects, each claiming the idol as part of their religious heritage. The court's order mandates the District Magistrate of Etah to ensure the idol's secure relocation by April 11, 2026.
The bench, comprising Justices Ajit Kumar and Swarupama Chaturvedi, emphasized the idol's historical significance, speculated to be from the 9th or 10th century, and its sensitive sectarian implications. Earlier evaluations by the Archaeological Survey of India (ASI) had been inconclusive, with reports failing to definitively attribute the idol to either sect. This ambiguity underscored the necessity for an expert committee.
The court has instructed the Central Museum to display the idol for public view while simultaneously initiating an expert study. This interdisciplinary committee, involving scholars from both Jain traditions, will collaborate with the ASI to ascertain the idol's character, nature, and sectarian affiliation. The committee's findings are expected within three months.
Highlighting procedural lapses, the court reaffirmed that under the Indian Treasure Trove Act, 1878, the Collector, not the police, is the rightful custodian of such artifacts. This decision aims to preserve the idol's integrity while addressing sectarian claims through proper legal channels.
The court scheduled the next hearing for April 13, 2026, requiring a compliance affidavit from the District Magistrate of Etah, detailing the idol's transfer and custody status. The judgment underscores the court's commitment to cultural preservation and its balanced approach to resolving sectarian disputes.
Bottom Line:
Dispute regarding the sectarian identification of a Jain idol recovered in District Etah - Court directs safe custody of the idol in the Central Museum at Prayagraj - Formation of expert committee for study and report on the idol's character, nature, and sectarian affiliation recommended.
Statutory provision(s): Indian Treasure Trove Act, 1878
Digambar Jain Sabha v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2869862
