One of India’s most famous structures, the Taj Mahal, has long been the focus of political and legal dispute over who owns it. The primary point of contention is whether the Archaeological Survey of India (ASI) still has custody of the 17th-century building or if it is owned by the Uttar Pradesh Sunni Waqf Board. Despite decades of judicial fights, political arguments, and religious claims, the case has not been settled.
When Firozabad merchant Irfan Bedar petitioned the Uttar Pradesh Sunni Waqf Board to acknowledge the Taj Mahal as a Waqf property in 1998, the issue got underway. Citing the monument’s historical and religious significance, Bedar not only asked for this declaration but also asked to be given responsibility for its upkeep. Following this case, the Waqf board has issued a notice to ASI, which triggered a prolonged legal confrontation.
By 2004, Bedar had petitioned the Allahabad High Court to be recognized as the guardian of the Taj Mahal. The monument was registered as Waqf property in 2005 after the Waqf Board was directed by the court to take the issue seriously. However, the ASI appealed the ruling and brought the matter before the Supreme Court.
The Supreme Court stepped in and ordered the Waqf Board to provide documentation. According to the sources, they are proving that Mughal Emperor Shah Jahan had formally designated the Taj Mahal as Waqf property. The court delayed the Board’s decision in 2010 and demanded additional research.
Despite having so many controversies on this topic, this debate took a U-turn towards politics. Azam Khan, the head of the Samajwadi Party, contended that the Taj Mahal ought to be under the Waqf Board’s control because it contained the tombs of Shah Jahan and Mumtaz Mahal. While some questioned his intentions, others insisted that the Taj Mahal was a national landmark rather than a place of worship.
When Shia leaders joined the argument and claimed that the monument had a historical significance to their community, the conflict became more complicated. One Shia leader stated, “Mumtaz was a Shia, whose real name was Arjuman Bano.” The Taj’s architecture demonstrates its Shia affiliation.
According to the media sources, when the Supreme Court dismissed the Waqf Board’s claim in April 2018 for lack of proof, the matter reached a watershed. The Court requested that the Board present actual documents, signed by Shah Jahan personally, attesting to his designation of the Taj Mahal as Waqf property.
During the hearing in the court, then Chief Justice Deepak Mishra raised a question, “Who in India will accept that the Taj Mahal belongs to the Waqf Board?” He further said, “When was it given to you? It was in the possession of the East India Company for more than 250 years. After that, it went to the central government. ASI has been in charge of its management, and it had the right to administer it.”
The Court was not persuaded by the Waqf Board’s legal team, which was headed by prominent counsel VV Giri, who claimed that the Taj Mahal was Waqf property because of the tombs of Mumtaz Mahal and Shah Jahan. The case, which is based on historical records, is still controversial and has no obvious end in sight.
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