Across Delhi, several monuments protected by the Archaeological Survey of India (ASI) continue to function as active places of worship. Governed by the Ancient Monuments and Archaeological Sites and Remains Act (AMASR) 1958, these spaces are subject to regulations that control access, usage, and activity within and around them.
But when sites are both protected monuments and continued religious spaces, questions of access, maintenance, and control between different governing bodies begin to surface. Who decides how these spaces are used? Who is responsible for their upkeep in practice? And what happens when regulation begins to reshape everyday practices of faith? This report examines these questions through a set of monuments that sit at the intersection of law, history, and lived experience—where protection does not always guarantee accessibility, and recognition does not always ensure care.
Paying to Pray: Firoz Shah Kotla Fort
The citadel of Firoz Shah Kotla Fort was built in the 14th century by Firoz Shah Tughlaq, the third ruler of the Tughlaq dynasty. In 1354, he established the city of Firozabad along the Yamuna, with the Kotla serving as its grand citadel. At its centre lies the Jami Masjid—one of the largest mosques constructed during his reign.
The site today is a centrally protected monument under the Ancient Monuments & Archaeological Sites and Remains Act 1958, with the Archaeological Survey of India (ASI) responsible for its conservation and management. The Act, enacted to preserve monuments of national importance, also regulates how such spaces are accessed and used. Under its provisions—and subsequent amendments—strict controls govern activity around protected monuments.
Construction is prohibited within 100 metres of a monument and regulated within a further 200 metres, with any intervention requiring permissions from designated authorities. The law also allows the ASI to control access to protected sites, including regulating which areas remain open to the public.
Within this framework, the Jami Masjid at Firoz Shah Kotla continues to function as a place of worship, with prayers offered during Zuhr (noon), Asr (late noon), and Maghrib(evening). Yet, in recent years, access to this space has become a point of contention.
In 2022, the ASI introduced ticketed entry to the fort for all visitors, including those coming to offer namaz. The move, reportedly linked to restoration work and post-pandemic site management, has since altered how people interact with the space.
For many, this shift has had tangible consequences. Qamarjahan, a resident of Seelampur, said the number of visitors has declined. “The ticket costs 25 rupees. First you spend on travel, then you pay again here—how often can someone keep coming?” she said, adding that she was once a frequent visitor but has since stopped.
Thursdays, in particular, held a distinct significance at Firoz Shah Kotla.
For decades, the site drew visitors not only for prayer but also for supplication tied to local belief systems. Many believe that the ruins- especially the structure housing the Ashokan pillar, locally referred to as the Minar-e-Zarin- are inhabited by djinns who could grant wishes. People write letters detailing their desires and tie them to the railings, often returning with food offerings if their wishes were fulfilled.
While this practice continues, several visitors say that the introduction of ticketing has reduced the scale and frequency of these gatherings.
At the same time, some visitors point to visible improvements. Chandramohan Joshi, who has been visiting the fort since childhood, said that the introduction of ticketing has improved cleanliness and upkeep.
“Ibadat ka ghar hai ye, jab hum pooja karne aarahe hai toh saaf kapde pehen rahe hai toh jagah bhi saaf rakhni chahiye. (It is a place of worship—if we come here in clean clothes, the space should also be kept clean) ” he said.
His observation also reflects a shift in the character of the site—from an open, informal space shaped by gatherings and offerings to a more regulated monument with controlled access.
However, Joshi also questioned the principle of charging for prayer. “One does not have to pay to enter a temple or a gurdwara. Those coming specifically for namaaz should be exempted from paying,” he added.
The issue becomes more pronounced during Eid, when large congregational prayers have traditionally been held at the mosque for decades. Worshippers are required to purchase tickets even on these occasions. This year, Aaley Mohammed Iqbal intervened by purchasing tickets for worshippers, allowing them to enter without paying individually. He has since been vocal about the need for a long-term solution, with discussions being done with the ASI in the past.
“Namaaz has always been happening here; foreigners had to pay for the tickets, however, post COVID-19, the ASI started ticketing worshippers as well. People from all backgrounds come to pray here; it is not feasible for a person earning Rs. 200-300 per day to pitch out Rs. 25 each time he wants to pray”, he said, emphasising the need for a permanent solution.
The question of prayer at protected monuments remains governed by ASI regulations. According to officials, permission for religious activity is often determined by whether continuous worship at a site can be historically established. In practice, only three mosques, Neeli Mosque, Palam Mosque and Sunehri Mosque, are formally recognised for offering prayers.
An RTI filed by Sheikh Sartaj Ahmed Masoodi, president of the Muslim Welfare Organisation, Delhi, has raised further questions about how these rules are applied. The response indicated that while the ASI is responsible for maintenance and protection, it does not uniformly permit prayers across all protected mosques, pointing to inconsistencies in decision-making. The response also mentioned that permission for religious activity is determined by whether continuous worship at a site can be historically established. Three mosques, Neeli, Palam and Sunehri Mosque, are recognised for offering prayers.
Heritage sites that continue to function as active places of worship present a unique challenge, according to historian and author Swapna Liddle. “If a site remains active, people require amenities like running water, electricity and other facilities, which may not always be in keeping with the heritage character of a 14th-century monument,” she said. Liddle added that this tension is one reason why the ASI is often reluctant to allow monuments that are no longer in religious use to become active worship spaces again.
At Firoz Shah Kotla, where history, faith, and long-standing practices intersect, the introduction of ticketing has not only affected access to prayer but also reshaped how the space is used. What was once an open site of regular gathering—religious and otherwise— now operates within a more tightly regulated framework, raising questions about who such spaces are ultimately meant for.
Caught Between Authorities: Sunehri Masjid
Tucked away in a corner of the parking complex of the Red Fort stands the Sunehri Masjid—easy to miss, yet still in active use. Built in 1751 A.D. by Qudsia Begum, the mosque is distinguished by its three domes and flanking minarets, a modest but enduring remnant of late Mughal architecture.
Today, the mosque exists in a state of administrative overlap. It is a protected monument under the Archaeological Survey of India and was among the 123 sites in Delhi previously registered as waqf properties that came under scrutiny during the Waqf Amendment Act. Following the Supreme Court’s refusal to stay the amendment, such claims stand void for protected monuments, placing the mosque firmly under ASI’s jurisdiction.
Despite this, it continues to function as a place of worship for local residents and visitors.
This arrangement is shaped by laws governing protected monuments. Under the Ancient Monuments and Archaeological Sites and Remains (AMASR) 1958, amended in 2010, construction is prohibited within 100 metres of a monument and regulated in the surrounding 200-metre zone, with oversight by the National Monuments Authority.
On the ground, however, these protections do not always translate into adequate facilities. Dr. Mohammed Irshad, who has been visiting the mosque for over two decades, described the challenges faced by worshippers. “There is no proper shade,” he said, pointing out that rain often disrupts prayers, while the lack of cover makes it difficult to gather during extreme summers. The ablution (wudhu) area, he added, is too small—only able to accommodate around 50 people, despite Friday footfall reaching nearly 500. Uneven flooring and broken tiles further make it difficult to perform sajda (prostration).
An official at the site, who requested anonymity, said that while the ASI oversees the monument, routine maintenance often depends on contributions from worshippers. “The roof leakage was fixed by ASI,” he noted, “but other issues like the wudhu area and flooring remain unaddressed.”
Another long-time staff member at the mosque said that restoration work on the roof, stairs, and boundary structures was carried out roughly a year and a half ago. Plans to repair the flooring and gate were also reportedly approved but have yet to be implemented due to budgetary constraints. He added that ASI officials, including engineers and conservation officers, visit the site regularly—particularly on Fridays—given its proximity to the Red Fort.
Despite these visits, basic infrastructure remains inadequate. A single, non-functional washroom and damaged flooring continue to inconvenience worshippers, particularly during peak prayer times.
The Sunehri Masjid thus reflects a larger pattern: while legally protected and actively used, it exists in a state of partial maintenance. Its dual identity—as both a monument and a living place of worship—places it in a grey zone, where responsibility is defined, but not always fully realised.
Heritage sites that continue to function as active places of worship present a unique challenge, according to historian and author Swapna Liddle. “If a site remains active, people require amenities like running water, electricity and other facilities, which may not always be in keeping with the heritage character of a 14th-century monument,” she said. Liddle added that this tension is one reason why the ASI is often reluctant to allow monuments that are no longer in religious use to become active worship spaces again.
ASI officials declined to comment on the status of conservation of the mosque.
Protected yet Abandoned: Begumpur and Khirki Masjid
A Monument Left Behind
Nestled within the narrow lanes of Begumpur in South-East Delhi’S Malviya Nagar lies the Begumpur Masjid, an Archaeological survey of India (ASI) protected monument dating back to the 14th-century Tughlaq period. Once a central place of worship—and believed to have served as the Jama Masjid of Jahanpanah, the fourth city of Delhi—it now stands in a state of prolonged neglect, with sections of its domed structure lying in ruins.
According to available archival references, the mosque was declared a monument of national importance in 1920. More recently, in 2017, the then Minister of State for Culture, Mahesh Sharma, reiterated its status in the Rajya Sabha under the Ancient Monuments and Archaeological Sites and Remains Act 1958. However, on the ground, these designations appear to have had limited impact on its condition.
A visit to the site reveals a structure marked by visible decay. While traces of restoration work can be seen, large sections remain damaged. The roofs on three sides of the mosque have partially collapsed, several pillars show signs of weakening, and the plaster has deteriorated. The ceiling appears darkened and patchy, indicating prolonged exposure and lack of maintenance. As per a report in The Hindustan Times.
The central courtyard—vast in scale—is littered with cigarette butts, plastic waste, broken glass, and debris. Weed has grown through cracks in the flooring, making parts of the space difficult to access. On the northern side of the mosque, groups of men gather, often using the structure as a secluded spot to smoke and drink. Discarded liquor bottles and other remnants of such activity are visible across the site.
Vikram Guleria, a resident who lives across the mosque, alleged that the space is frequently misused. “The site is not maintained properly. People come here to drink and take drugs. The authorities don’t object,” he said.
Another local, Mohanlal, 78, who runs a business in the area, said that the site is not safe enough for women to go alone and advised visiting it in groups. “A lot of people, especially tourists, come to explore the mosque, but I have lived here for a long time, so I know that it is not safe to go alone inside. I always tell new people to explore in groups,” he said.
Swapna Liddle, an Indian historian and author, said, “Begumpur Masjid is more like a 14th-century ruin, and it should be preserved as a ruin. The best thing that can be done is to invite and encourage people to visit there. I do not think the ASI does anything like that.” On the northern side of the mosque, groups of men gather, often using the structure as a secluded spot to smoke and drink. Discarded liquor bottles and other remnants are visible across the site.
On whether sites like Begumpur Masjid or Khirki Masjid could be better maintained if they were repaired and people visited or offered prayers there, Liddle says, “In places that are in active use for prayers, issues of management often arise. If people start using Begumpur Masjid for prayers, they will have to transform the place to add basic amenities or paint the structure. This was not there in the 14th century, so the question of preserving the heritage character became an issue for the ASI.”
An official from the Archaeological Survey of India declined to comment on the condition of the mosque and conservation efforts being made there. Security personnel present at the site said that while warnings are issued against such activities, enforcement remains difficult. “We are often alone here, and most of the people are locals. There have been instances where we are threatened,” the official said.
The locality surrounding the mosque has also changed significantly over time. The area is densely built, with houses constructed close to the monument, leading to encroachment around the site. Over the years, surrounding developments have raised ground levels, leaving the mosque in a relatively low-lying position. Ongoing road construction in the area has further altered access to the site.
Built as a grand congregational space, it now stands largely overlooked—protected in law, but neglected in practice.
Like Khairul Manazil, its entrance is from the eastern side, opening into a large courtyard aligned with the western prayer wall. The western façade features a prominent central arched alcove, flanked by smaller ones. These recessed, shadowed spaces now provide cover and privacy, often facilitating misuse.
The Crumbling State of Khirki Mosque
Tucked within the narrow, crowded lanes of South Delhi’s Khirki village, the Khirki Masjid rises unexpectedly—it’s heavy stone walls and shadowed arches giving it the appearance of a fortress more than a mosque. For many who live around it, that is exactly what it is: not a place of worship, but a neighbourhood fort.
Built between 1351 and 1354 by Khan-i-Jahan Junan Shah, the prime minister of Firoz Shah Tughlaq, the mosque is a striking example of Tughlaq architecture. Its name—Khirki, derived from the Urdu word for “window”—comes from the distinctive perforated openings that once allowed light and air to filter into its enclosed structure. Today, it stands as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act 1958, with the Archaeological Survey of India (ASI) responsible for its upkeep. Reported The Wire.
On the ground, however, the experience of the monument tells a different story. Years of neglect have left visible marks—crumbling domes, broken pillars, and decaying stone surfaces. Residents also point to a persistent bat infestation that has, over time, altered both the physical condition and usability of the space.
Rameshwar Prasad, a tea vendor who has lived near the mosque for over three decades, described the conditions inside. “Cleanliness is a major concern. There are a lot of bats and a constant foul smell,” he said, adding that parts of the monument also get flooded during the rainy season.
Despite being classified as a Grade ‘A’ monument by the conservation body, Indian National Trust for Art and Cultural Heritage for its historical and archaeological significance, Khirki Masjid remains largely disconnected from the community around it. Many residents say they have never stepped inside. As per a report in The Times of India.
Yogesh Singh, who has lived in the area for 27 years, said the condition of the monument keeps people away. “Many of us haven’t even gone inside. The insects and the smell from the bats make it difficult,” he said.
The mosque’s current state also reflects a shift in how it is used. Once a functional religious space, it no longer sees regular prayer. Personnel at the site, requesting anonymity, said visitors now come primarily as tourists. “People don’t come here to pray anymore. I usually accompany visitors because there are bats in the darker corners,” he said, adding that some maintenance work is underway.
For others, the issue is not just neglect, but safety. A domestic worker living nearby, requesting anonymity, said the place, at times, is used by drunkards and drug users. “I avoid coming here, especially at night. It doesn’t feel safe,” she said.
According to an ASI official, the bat infestation itself has contributed to the monument’s deterioration. “Bat droppings are harmful as they cause corrosion to the pillars,” she said on the condition of anonymity. The ASI official added that the conservation work has been initiated at the site in response to concerns raised by residents and historians.
Yet, for now, Khirki Masjid stands in an uneasy state protected on paper, but struggling in practice.
Historian Swapna Liddle said, “When the ASI acquired the Khirki mosque in the early twentieth century and removed the villagers, they designated it a protected monument rather than a place of worship. The continuity as a place of worship had already been broken for centuries, so worship was not resumed. The case of Begumpur and the case of Khirki are pretty identical in that way.”
The Legal gray zone
Worship, Heritage and Control Collide
In Delhi, some monuments are not just remnants of the past. They continue to function as places of prayer, remain part of neighbourhood life, and exist within an ongoing struggle over who owns them, who maintains them, and who decides how they may be used.
At the centre of this dispute are 123 properties in Delhi that were claimed by the Waqf Board as Waqf properties, even as the Centre has maintained that these sites were acquired by the government between 1911 and 1914, with compensation paid and ownership transferred to the Government of India. These include mosques, dargahs and graveyards—several of them also protected by the Archaeological Survey of India.
This overlap took on sharper legal meaning with the Waqf Amendment Act, 2025. Through Section 3D, the law states that any property already declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 cannot be treated as waqf property. In September 2025, the Supreme Court refused to stay this provision, while also recognising that protected-monument status does not automatically erase customary religious practices at such sites.
A similar position has been reflected in earlier judicial decisions. In Zeeshan Ahmed Rizvi v. CEO Waqf (Burhanpur case), the Madhya Pradesh High Court held that a monument protected under earlier heritage laws could not subsequently be reclassified as waqf property. It noted that such monuments remain under government guardianship unless formally relinquished—placing state protection above retrospective waqf claims under Section 11 of the 1904 law.
The scale of this overlap extends beyond Delhi. The ASI protects 3,679 monuments of national importance across India. Under Sections 20A and 20B of the AMASR Act, a 100-metre prohibited zone and a 200-metre regulated zone surround each monument, restricting construction and development. According to the Joint Committee on the Waqf (Amendment) Bill, 2024, 254 protected monuments – nearly 7 per cent of the total—were listed as Waqf properties, including dozens in Delhi. The overlap between heritage protection and religious claims, therefore, is not incidental; it is structural.
With the Supreme Court allowing Section 3D to stand, such monuments now fall clearly under the authority of the ASI and the Central Government for their maintenance and regulation. Yet, this legal clarity sits uneasily beside another national problem: disappearance and neglect. The Comptroller and Auditor General’s 2013 audit found that 92 centrally protected monuments were missing – around 6 per cent of those examined–a number it said was “far higher than the number communicated to Parliament by the ASI.” Later Press Information Bureau statements and government replies showed attempts to trace some of these missing sites, but the report exposed how fragile “protection” can be even on paper.
At Firoz Shah Kotla Fort, this tension becomes visible at the point of entry.
The Jami Masjid within the complex continues to host Friday prayers and Eid namaz, yet worshippers have been required to purchase tickets to access it. The legal basis for this lies in Section 18 of the AMASR Act, which allows public access to protected monuments “subject to rules,” including entry fees imposed by the ASI.
At the same time, the law explicitly protects religious practice. Section 5(6) of the AMASR Act states that “nothing… shall affect the use of any protected monument for customary religious observances.” Section 16(1) further specifies that a protected monument that is a place of worship “shall not be used for any purpose inconsistent with its character.”
This creates a tension that extends into constitutional guarantees. Article 26 of the Indian Constitution grants religious denominations the right to manage their own affairs in matters of religion, including places of worship. Article 27 adds that no person can be compelled to pay taxes specifically for the promotion or maintenance of any particular religion. Together, these provisions raise a difficult question: if prayer is protected, can access to that prayer be made conditional upon payment?
At Sunehri Masjid, the issue shifts from access to upkeep.
Under Sections 16 and 19 of the AMASR Act, once a monument is declared protected and maintained by the Central Government, the responsibility for its preservation lies with the state. Section 19 is explicit: “The Central Government shall maintain every monument.”
Historian Swapna Liddle notes, however, that ASI’s approach to maintenance has historically not meant rebuilding monuments to look new. For years, she says, the organisation followed a policy of what conservation experts call “conserve as found” —preserving a monument in the condition in which it exists rather than reconstructing missing portions. “As you find the monument, you try to preserve it in that form,” she explains, “not to try and make it new.”
According to Liddle, this approach began to shift more visibly after restoration work around Humayun’s Tomb, where larger interventions became more common. She points to Khirki Masjid as an example, where a section that had collapsed centuries ago has reportedly been rebuilt by ASI This complicates the question of neglect. What may appear to worshippers as abandonment can sometimes reflect a deliberate conservation choice. However, for those using these spaces every day, broken flooring, unfinished roofing and inaccessible prayer areas remain practical barriers, regardless of conservation philosophy.
Yet the condition of the mosque suggests a gap between this obligation and its implementation, with worshippers continuing to navigate incomplete repairs and inadequate facilities. A similar pattern emerges at Begumpur Masjid and Khirki Masjid. Both are protected monuments, yet both show visible signs of neglect—ranging from structural damage to lack of upkeep and limited oversight. Protection exists in law, but not always in practice.
This gap between law and implementation is not new. In 2009, the Union government stated that prayers would be permitted only at a limited number of ASI-protected monuments where a “de facto status quo” already existed. The position resurfaced in 2023 before the Delhi High Court in the Mughal Masjid case near the Qutub complex, where the ASI argued against allowing prayers in protected monuments. Justice Prateek Jalan questioned that blanket stand and asked ASI to clarify its policy, observing that if the statute itself allowed continuation of prayers in a protected monument, that position would need to be respected. The court also sought old records relating to the site’s protected status, signalling that whether prayers could continue depended not on a universal ban, but on the monument’s legal history and prior use.
What emerges, then, is not a single conflict but a layered one. The Indian Express, reporting on the Martand Sun Temple controversy in 2022, noted the same distinction in ASI practice: worship is generally disallowed unless the site is a “living monument” where prayers were already being offered at the time protection was declared. In such cases, worship may continue, but ASI treats new or revived religious activity as a violation of conservation norms. The written law preserves customary worship. The authority managing the monument often treats conservation control as overriding unless continuity of prayer can be historically proven. The law says prayer survives protection; ASI’s working position often says protection limits prayer unless a narrow exception already exists.
This ambiguity becomes sharper when viewed against the ASI’s own internal classification of monuments.
An RTI response accessed for this project lists “living” and “non-living” monuments under the ASI’s Delhi Circle. Only a small number of sites – including Firoz Shah Kotla’s Jami Masjid and Sunehri Masjid near Delhi Fort – are officially categorised as “living (prayer)” monuments where worship continues. The majority, including sites such as Begumpur Masjid and Khirki Masjid, are marked as “non-living”.
The classification, however, does not find explicit mention in the AMASR Act. Nowhere does the law define a “living monument” or prescribe different legal standards based on such a distinction. Instead, the Act uniformly protects “customary religious observances” at any protected monument that functions as a place of worship.
This creates a gap between law and administration. While the statute protects continuity of worship, ASI’s internal categorisation effectively determines where prayer is treated as legitimate and where it is not. In practice, this shifts the question from what the law allows to what the authority recognises. The RTI list further shows that several monuments currently marked as “non-living” were historically functional religious spaces, raising questions about how and when such classifications were made, and whether they can override the statutory protection of customary practice.
In effect, the distinction between “living” and “non-living” monuments – central to ASI’s operational policy – exists outside the text of the law, but shapes how the law is implemented on the ground.
The law preserves prayer. Regulation governs access. Maintenance remains uneven. Between these, worshippers navigate a shifting reality – paying to enter a mosque, praying within partially restored structures, or standing in spaces that are legally protected but materially neglected.
Delhi’s historic mosques are not only being debated in courts. They continue to be used, inhabited, and negotiated every day-existing somewhere between monument and mosque, where neither identity is fully resolved.
(The authors are freelance journalists and postgraduate journalism students at AJK MCRC, Jamia Millia Islamia).
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