Namma Devasthana advocates Good Temple Management

[Media Statements]

Bengaluru, INDIA

14 July 2015

The Karnataka Endowments Department (Muzrai) is administering about 35,000 temples under statutory provisions.  Many of these temples have been brought under the ambit of the Act despite no adverse reports of any financial irregularity or managerial shortcoming.  In a recent pronouncement in the Chidambaram temple case, the Hon’ble Supreme Court disapproved the tendency of government to supercede the temple administration for an indefinite period of time in exercising its power to regulate the temple administration.    A writ petition has been filed by Pujya Swami Dayananda Saraswati of Arsha Vidya Peetha, in the Hon’ble Supreme Court challenging the constitutionality of legislations enacted in various States for Hindu religious institutions enactments.  Many temple trusts, organizations and well-intended individuals in the state of Karnataka are demanding for transparency and autonomy in temple administration.  In this context, Advocate Sri. Kiran Bettadapur and Prof. K. Gopinath of Namma Devasthana released the following press statement.

“There are many loopholes in the legislation that give ample opportunity for government officials and administrators to mismanage funds and assets of these temples. For instance, the Commissioner is empowered to recommend disposal off temple jewels based on weight and value recorded in the register, and not on an expert assessment of "antique value" of the jewel. 

Under the statute, the designated ‘Executive Officer’ and the ‘Committee of Management’ are all government appointed, which is against secular principles. The auditor too is either the State Accounts department or a government appointee, which is against prudent principles of financial propriety and good governance.   

Evidence shows that maintenance expenditure is sub-optimally spent, often to the detriment of architectural beauty and integrity of many ancient temples.  For instance, the State Architectural Committee has only three non-official members― one Sthāpathi; one Āgama śāstri; and, one Vāstu śāstri― to scrutinise and approve proposals for preservation and development of thousands of temples, which are hundreds of years old and belong to about ten different and distinct styles of temple architecture.

It is well known that many religious rituals and age-old traditions are violated in these temples. Hardly can the administrative affairs be distinct from religious matters of temples since the two are intricately and inseparably connected. 

In short, the interests of priests, devotees, communities, temple ecosystems and the public at large are all poorly protected. On top, RTI applications on temple affairs get routinely stonewalled, which clearly indicates a lack of both transparency and accountability.

There is an urgent need to usher in more transparency, accountability and AUTONOMY in the administration of temples. The concerned act must be amended to make it constitutionally valid. 

In this context, the writ petition filed by Pujya Swami Dayananda Saraswati of Arsha Vidya Peetha, in the Hon’ble Supreme Court challenging the constitutionality of legislations enacted in various States for Hindu religious institutions enactments, assumes great significance. Interested parties and religious institutions in Karnataka must implead on to the petition to uphold the secular values in our Constitution.

Notes:

Namma Devasthana, Bengaluru is an association of like-minded individuals aimed at establishing and sustaining a   dharma based ecosystem .  They are working towards making temples the hubs of socio-cultural activity in local communities. Namma Devasthana is working collaboratively with other organizations having similar or overlapping objectives such as Temple Worshipper's Society, Chennai and  Jijnasa  of Bengaluru.  Namma Devasthana regularly organizes workshops, and releases press statements for the benefit of the public.

Fundamental rights conferred by the Constitution of India on all persons include the fundamental rights of equality and equal entitlement to freedom of conscience. The freedom to profess, practice and propagate religion is a critical element in the constitutional framework. Several of these rights have been trampled upon― as has been held in several judgments of the Hon’ble Supreme Court and various High Courts in the country― in the many irregular, non-secular and unconstitutional enactments of various State governments related to Hindu religious institutions and charitable endowments.  The Hon’ble Supreme Court, which has held in its Chidambaram Temple case as follows:

"Even if the management of a temple is taken over to remedy... [an] evil, the management must be handed over to the person concerned immediately after the evil stands remedied...Power to regulate does not mean power to supersede the administration for indefinite period."

Writ Petition 476 of 2012 Pujya Swamy Dayanada Saraswati,  Swami Paramatmananda and Swami Visvesharananda and Hindu Dharma Acharya Sabha in the Supreme Court of India in Dec 2012.  The case is about who manages Hindu Religious Temples. In the States of TN, AP & Pondicherry there are specific Laws (Acts) that are used by the respective Governments to ‘take-over’ and manage Hindu Religious Temples. The Government in these States run Hindu Temples as if they were just another Government Department, denying the right of ordinary Hindus to manage their own religious affairs. This has resulted in serious misuse of Temple Funds, extensive loss of Temple Properties, damage to Temple Structures & Inscriptions and severe restrictions on Hindus to ‘profess, practice and propagate’ their religion. The case challenges four major powers of the State Government as being against the basic Constitutional Rights of Hindus. 

Provisions that allow the Governments to appoint ‘Trustees’ to the Temples and Endowments thereby indirectly control the affairs of such Hindu Temples in AP, TN and Pondichery are challenged.  Provisions are related to  AP: Sections 15, 17, 18, 19 & 22 of the A.P. Act., TN: Sections 47, 49, 49-B of the T.N. Act and Pondicherry: Sections 4 & 8 of the Pondicherry Act are challenged by the writ petition.

Provisions that allow the Government to appoint Government officials as ‘Executive Officers’ to the Temples and Endowments thereby directly control such Hindu Institutions and make them extensions of Government Departments are also challenged.  Provvisions are related to AP: Sections 29 and 41 of the A.P.  Act, TN: Sections 43-A, 45 and 71-76 of the T.N. Act and Pondicherry: Section 9 of the Pondicherry Act are included in the petititon.

Provisions that allow the Government to interfere in the religious and internal affairs of the Hindu Places Temples. The Executive Officer appointed by the Government, and the Department in the respective states, control all aspects of the religious affairs of temples including conduct of Pujas, Rituals & Rites.  These provisions are related to AP: Sections 8, 12, 13, 25, 49 & 87 of the A.P. Act, TN: Sections 23, 24 and 108 of the T.N. Act, and Pondicherry: Section 3A of the Pondicherry Act. 

Provisions that allow the Government to restrict the usage of Temple funds for religious purposes, transfer funds to Government for ‘secular purposes’  and appropriate funds from such institutions  as Administrative Fees and Audit Fees.  Specifically, the provisions are related to AP: Sections 66 & 70 of the A.P. Act, TN: Sections 35, 36, 36A, 36B & 92 of the T.N. Act and Pondicherry: Sections 11, 12, 13 & 14 of the Pondicherry Act.

The petition asks the SC to strike down the powers of the States to: 

• Appoint trustees (usually ruling party politicians) for Hindu Temples 
• Appoint Executive Officers to control and manage Hindu Temples 
• Take away temple funds for non-religious ‘secular’ purposes, levy ‘Admin & Audit Fees’ of upto 20% of Temple Income, misuse Temple Funds & properties for ‘secular purposes’ 
• Interfere and control in conduct of pujas, worship, ritual & rites

Since the case is dragging for almost two years, an Interim Application is being made to request the SC to order an ‘Independent Audit’ of Temple Properties, Accounts and related aspects of temple management, to bring out and document the extensive loot of Temple properties and funds under Government control.