SC to hear Mahatma Gandhi’s great-grandson against Gujarat’s ‘development’ of Sabarmati Ashram

A view of the Sabarmati Ashram in Gujarat.
| Photo Credit: Vijay Soneji

Mahatma Gandhi’s great-grandson has moved the Supreme Court, raising concerns over the Gujarat government’s “renovation” of Sabarmati Ashram, saying the project had been envisaged in a manner contrary to the spirit and ethos of Gandhian simplicity.

A Bench of Justices M.M. Sundresh and Rajesh Bindal is scheduled on April 1 to hear Tushar Gandhi’s appeal against a September 8, 2022 decision of the Gujarat High Court, which rejected his plea against the State government’s proposed transformation of the ashram, which exemplified Gandhian principles of sustainability and harmony with nature.

“The Sabarmati Ashram stands as a testament to the legacy of Mahatma Gandhi and his pivotal role in India’s Freedom Struggle. The proposed renovation project militates against Article 39 of the Constitution, which emphasises on prevention of accumulation of wealth, and Article 49 of the Constitution, which emphasises on protection of monuments and places of national importance. The Sabarmati Ashram is proposed to be transformed into a theme park by huge investments, making a mockery of the teachings of Gandhi,” the special leave petition, represented by advocates Kaleeswaram Raj, Nishe Rajen Shonker, and Thulasi K. Raj, submitted.

The petition sought a stay on activities and construction linked to the project in order to protect the cultural heritage of Sabarmati Ashram as a marker of a national memory. It argued that “cultural heritage, in all its forms, was inextricably linked to the fundamental principles of human dignity and equality, warranting robust legal and institutional protection on a global scale”.

Mr. Gandhi, in his petition, pleaded that historical monuments which have existed for over a century would come within the ambit of the Ancient Monuments Act. The Sabarmati Ashram was founded by Mahatma Gandhi in 1917.

“India has an international duty to protect and preserve culturally and historically significant sites such as the Sabarmati Ashram,” the petition said.

The Gujarat High Court had dismissed the case in September 2022 while recording an assurance from the State that the “existing ashram located in an area of five acres would not be disturbed or altered and/or changed”.

The State, in an affidavit in the High Court had stated the project would not alter the topography of the ashram nor go against Gandhian ethos.

The High Court had recorded the submission of the State that the project was devised to restore the original buildings of the ashram, which were in a dilapidated condition. The project, the State had submitted, was intended to provide basic facilities, including cafeteria and parking.

“It is difficult to fathom why the petitioner has an objection with the Gandhi Ashram to be made as a world-class museum and a tourist destination, when the same would mean that the philosophy, teachings and life work of Gandhiji will reach a large audience and will be preserved in the best possible manner,” the State had said in the High Court in 2022.

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