Can Maharashtra Government remove Aurangzeb's tomb? Will Union Government do it?

Violence erupted in Nagpur after the Vishwa Hindu Parishad (VHP) and Bajrang Dal staged a violent demonstration, burned an effigy of Aurangzeb and chanted slogans calling to remove his tomb. 

Can the Aurangzeb's grave be taken out and his tomb removed? Can the BJP-led Maharashtra government remove Aurangzeb's grave?

Instead of removing the grave, the Maharashtra government has beefed up the security around the grave of the disputed Mughal emperor. 

Devendra Fadnavis vows to protect Aurangzeb's tomb

Inaugurating a temple dedicated to Chhatrapati Shivaji Maharaj in the Thane district, Maharashtra Chief Minister Devendra Fadnavis said, "It is unfortunate that the government has to take responsibility for the protection of Aurangzeb’s grave, despite his history of persecution."

So, instead of removing the Aurangzeb's grave, the state BJP-led government is protecting it. 

Why?

The Aurangzeb's grave is under the protection of the Archeological Survey of India (ASI). 

What is ASI?

Operating under the protection of the Ministry of Culture, the ASI protects the monuments and sites of national importance under the Ancient Monuments, Archeological Sites and Remains (AMASR) Act, 1958. 

There are more than 3,697 prehistoric sites, rock-cut carves, stupas, temples, mosques and tombs, forts and palaces, churches and synagogues, inscriptions and pillars and excavated sites under the protection of the ASI.

Aurangzeb's grave was added to the list of ASI-protected sites because of its historical significance. 

Why was Aurangzeb's tomb declared ASI-protected site?

No one can deny the fact that Aurangzeb was the sixth ruler of the Mughal Empire and ruled for 49 years over a vast area of what is India today. 

Aurangzeb's tomb has also architectural significance because unlike most of other tombs, it is simple, and plain and reflects the personality of the person buried under it. 

It has cultural significance as it is in Khuldabad, where tombs of other historically important persons are situated. 

Can Maharashtra Government remove Aurangzeb's grave?

The government of Maharashtra can not remove, relocate, or demolish Aurangzeb's tomb because it has been classified as a Monument of National Importance. 

Of course, the union government can delist it or change its status under the (AMASR) Act, of 1958. 

Section 35 of the AMASR Act says, "If the Central Government is of the opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act."

Can Union Government remove Aurangzeb's grave?

The AMASR Act has also a clear provision that no one, including the owner or occupier of the area has the right to carry out any kind of activities there. 

Section 19(1) of the Act says, "No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government.

Though Devendra Fadnavis claimed that the Congress government listed Aurangzeb's tomb as an ASI-protected site, there is no confirmed date on which it was given this status.