Why in the News?

As the Supreme Court hears petitions about the alleged adulteration of ghee in Lord Venkateswara’s Laddu Prasadam, many religious organizations have renewed their demand to free temples from government control.

How are Religious Places managed in India?

Muslim and Christian places of worship are managed by community-run boards or trusts.
Hindu, Sikh, Jain, and Buddhist temples are often under government control.
- Hindu temples make up the majority of the 30 lakh places of worship in India (2011 census).
Under Article 25(2) of the Constitution, the government can regulate economic, financial, or secular activities associated with religious practices.
- This allows the state to enact laws concerning the administration of Hindu religious institutions.

Examples of Government Control:

Tamil Nadu: The state’s Hindu Religious and Charitable Endowments (HR&CE) department manages temples.
Andhra Pradesh: The state controls the Tirumala Tirupati Devasthanams (TTD), including the Tirupati Temple.
Jammu and Kashmir: Enacted the Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, specifically to manage the Vaishno Devi Shrine in Katra, Jammu.
A portion of the income from offerings and donations is used for:
- Temple administration
- Maintenance of smaller temples
- Welfare activities, including hospitals, schools, orphanages, and secular education.

Historical Context of Government Control Over Temples

Ancient India: Temples have historically received land and wealth donations from kings and nobles, becoming centers of culture and economy. Larger temples often promoted agriculture and irrigation.
Medieval Period: Many temples were attacked and pillaged by invaders due to their immense wealth.
Colonial Era: Between 1810 and 1817, the East India Company enacted laws in Bengal, Madras, and Bombay to regulate temples and prevent the misuse of temple income and endowments.

Colonial Laws:

Religious Endowments Act, 1863: Gave control of temples to committees, but the government maintained influence through judicial jurisdiction and other laws.
Madras Hindu Religious Endowments Act, 1925: Empowered provincial governments to oversee temple endowments and gave substantial powers to commissioners.

Post-Independence Laws:

After Independence, many states enacted laws based on the Madras Hindu Religious and Charitable Endowments Act, 1951, which gave the government supervision over temples and allowed the appointment of an Executive Officer to manage temple affairs.
A similar law was passed in Bihar around the same time.

Demand for Freeing Temples from Government Control

1959: The Rashtriya Swayamsevak Sangh (RSS) passed its first resolution demanding that the Kashi Vishwanath Temple be returned to Hindus.
1988: The Akhil Bharatiya Karyakari Mandal (ABKM) of the RSS called on state governments to hand over temples to representatives of Hindu devotees, arguing that government control was unfair and aimed at controlling temple funds.
2021: The VHP passed a resolution in Faridabad demanding a central law to free temples from government control.

Legal Position on Temple Control

Courts have generally upheld government control over temples, although there have been arguments in favor of freeing temples.

Key Judgments:

1954 Shirur Mutt Case: The Supreme Court ruled that a law transferring control of religious institutions to another authority violates Article 26(d), which guarantees the right to manage religious property. However, the state can regulate the administration of religious or charitable institutions.
Ratilal Panachand Gandhi vs. The State of Bombay (1954): The Supreme Court affirmed that the right to manage religious institutions is fundamental, but the state can regulate trust properties through valid laws.
Pannalal Bansilal Pitti vs. State Of Andhra Pradesh (1996): The Supreme Court upheld a law abolishing hereditary rights over temple management and rejected the argument that such laws must apply equally to all religions.

Recent Case:

In 2022, lawyer Ashwini Upadhyay filed a petition in the Supreme Court to free temples from government control. The SC remarked that under the current system, temples cater to broader social needs, and reversing this would return temples to their previous state as centers of wealth. Upadhyay withdrew his petition.

PYQ:

[2019] What are the challenges to our cultural practices in the name of Secularism?

[2016] How the Indian concept of secularism is different from the western model of secularism? Discuss.

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