Free Temples From Government Control

Heritage buildings fundamentally represent the past history and culture of a nation. They collectively constitute the architectural heritage of an area, possessing historical value derived from their beautiful architecture and their association with significant events, such as religious, social, and political occurrences, in the heritage area.

Like other religious places of worship managed by respective religious trusts/boards, temples in the country should be permitted to be managed by religious trusts. Imperial/British law previously restricted Hindus from managing their places of worship, while other religions were permitted to do so. It would be illogical for a government, which is required to be secular under the Indian constitution and Dravidian philosophy, i.e., atheism, to manage places of worship.

After various changes, the HR CE (Hindu Religious Charitable Endowments) underwent from pre-independence times (1858) until post-independence, with Dravidian governments able to transfer funds under Section 36 of the HR CE Act. HR CE is intended to only administer temples, but there have been reports of temple revenue being used for other purposes through Government Orders (GOs) in 2020, asking temples to donate money. Also, there are allegations of temple land being sold through "pattas" (title deeds) and temple assets being sold under the guise of maintenance and kumbabhishekam. Allegations also exist that temple properties were sold without adhering to clauses 78 and 79 of the HR CE Act of 1959.

Each temple should have 5 trustees, with guidelines specifying one from a Scheduled Caste community, one woman, and three from the local community. However, in reality, party members of the ruling parties, appointed as trustees, have misused temple assets (47,000 acres of land are missing, requiring clarification from the government, as per a recent High Court order). The recent controversy concerning the management of temples between Jaggi Vasudev (Isha Foundation) and PTR Thiagarajan stems from mismanagement of temple properties by state governments.

Below is a summary of assets owned by temples in Tamil Nadu.

 🛕 40,000+ temples (including Jain temples)

 ⛳️ 4,78,000 acres of land as per 2019-20 checks (In 1984-85 the count was 525,000 acres, 47,000 acres missing. State government has been ordered by High Court recently to submit counter affidavit stating the reasons.)

  🏢 22,600 Buildings

  🚧 33,665 vacant sites

  👤 70% of priests don’t even get paid in village temples

    📶 Annual Revenue (approx.) - up to Rs.3,000 crores (various estimates)

📣 Expected revenue from temple properties - various estimates suggest up to Rs.50,000 crore per annum, but the current income is a fraction of that due to temple assets being misused, mismanaged, and funds diverted by the government through GOs (Government Orders) asking temple trusts to donate funds for various government purposes/schemes.

The recent judgement in Suo Motu W.P.No.574 of 2015 (June 2021, 224-page document) from the Madras High Court (Justice R. Mahadevan, Justice P.D. Audikesavalu) recommends the state government to preserve marvels, mural paintings, stone & wall inscriptions, wooden carvings, copper plates, and old antique utensils of the temples, which are our cultural heritage. The judgment highlights that temples have not been maintained properly, containing 75 directions to the state government and recommending that 100-year-old temples and structures be declared as national monuments by the Central government. The court clarified that the state government should not use temple revenue for any "public purpose," regardless of the benefits it might provide to the people.

Archaeological Survey of India (ASI), a division of the Ministry of Culture, has over 10 sub-circles in Tamil Nadu. The ASI budget was cut to Rs.1042 crore from Rs.1247 crore in 2021. The number of heritage buildings and structures to be preserved will significantly increase, necessitating increased resources for the Chennai and its sub-circles.

Privatization, with the help of temple trusts and HR CE, has shown some success – the TVS group has managed to maintain over 100 temples in South India. However, allegations of theft of temple assets, such as idols, doors, and valuable items, in some privately managed temples exist, requiring amendments to laws to address such offenses.

New temples/places of worship should not be built given the existing number in the state. I support the removal of temples/places of worship causing obstructions to vehicle movement, encroachment, and similar issues. Regardless of religion, any historical structure (subject to age) should be classified as a monument without any bias.

As per the Indian Constitution, a secular state adheres to the principle of secularism, meaning the government must remain neutral in all religious matters. Based on this definition, all places of worship should be completely free from government intervention and revenue misuse. All political parties should refrain from interfering in religious matters and allow temple management to the respective trusts, who can decide how to manage temple affairs. The instances of state governments failing to manage temples efficiently and the missing 47,000 acres of land call for a review of temple management efficiency.

Let us consider temples as symbols of heritage, culture, and architectural works rather than solely religious symbols. Some temples are thousands of years old and are recognized as heritage sites by UNESCO. It is time to amend the laws governing the management of temples, heritage buildings, and structures nationwide. The state government should follow the 75 directions issued by the recent High Court and take steps to avoid breaching the HR CE Act, 1959, by using funds for purposes other than temple maintenance. They should also take steps to transfer temple management to respective trusts, as is the case with other religious trusts.

I hope the Tamil Nadu government files a counter-affidavit by July 5th, 2021, explaining which temple lands (47,000 acres) have been excluded from government control.

#FreeTemplesFromGovernmentControl

#FreeTNTemples

References

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