STATE
CONTROL OF TEMPLES - POLITY
News:
The recent controversy regarding the Tirupati laddu, a sacred
offering at the Tirumala Venkateswara Temple, has highlighted the
issue of government control over Hindu temples.
- The detection of adulterated
ghee in the laddus has prompted renewed demands for freeing these
temples from state interference.
WHAT’S
IN THE NEWS?
Tirupati
Laddu Controversy
- Issue:
Adulterated ghee was detected in the Tirupati laddu, prompting demands for
freeing Hindu temples from state interference.
- Call for Action:
Renewed push to reduce government control over Hindu temples due to issues
like financial mismanagement.
Tirumala
Venkateswara (Tirupati Balaji) Temple
- Location:
Situated in Tirumala, Andhra Pradesh, on Venkata Hill, part of the
Tirumala Hills (Saptagiri).
- Deity:
Dedicated to Lord Venkateswara, an incarnation of Lord Vishnu.
- Architecture:
Traditional South Indian temple with a towering gopuram and intricate
carvings.
- Historical Significance:
Contributions from Pallavas, Cholas, and Vijayanagara dynasties.
- Devotee Practice:
Hair donation as an offering is a significant tradition.
Management
of Places of Worship in India
Hindu
Temples
Government Control:
- Many
Hindu temples are managed under state laws.
- Example:
Tamil Nadu’s HR&CE department controls finances and appointments in
temples.
- The
Andhra Pradesh government oversees Tirupati Temple through the TTD.
Revenue Utilisation:
Temple revenues are used for social welfare, such as hospitals, orphanages, and
educational institutions.
Legal Framework:
Article 25(2) of the Constitution allows state intervention in the
administration of religious practices.
Muslim
and Christian Places of Worship
- Community Management:
Typically run by community boards or trusts, with minimal government
involvement.
Sikh,
Jain, and Buddhist Temples
- Mixed Regulation:
Managed by communities with some government regulation, varying by state.
State
Legislation and Intervention
- Concurrent List:
Religious endowments are under both Central and State legislative
authority, leading to diverse regulatory frameworks across India.
- Examples of State Regulation:
- Shri
Mata Vaishno Devi Shrine Act, 1988 (Jammu and Kashmir) outlines temple
administration.
Historical
Background of State Regulation of Temples
- Colonial Era:
- Early
19th-century laws allowed British interference in temple administration
to prevent income misappropriation.
- The
1863 Religious Endowments Act and 1925 Madras Hindu Religious Endowments
Act laid the foundation for state control.
- Post-Independence:
- In
1950, the Tamil Nadu HR&CE Act was enacted, creating a department for
temple administration.
- Similar
legislation was passed in Bihar (Bihar Hindu Religious Trusts Act, 1950).
Constitutional
Provisions for State Regulation of Religion
- Article 25:
- 25(1):
Guarantees freedom to practice, profess, and propagate religion, subject
to public order, morality, and health.
- 25(2):
Allows state regulation of economic, financial, and secular activities
related to religious practices for social welfare.
Judicial
Precedents on State Regulation of Religion
- Shirur Mutt Case (1954):
Supreme Court (SC) ruled religious institutions have the right to manage
their affairs, with state regulation only on secular matters.
- Ratilal Panachand Gandhi Case (1954):
SC held religious practices are protected, but state can regulate trust
properties.
- Pannalal Bansilal Pitti Case (1996):
SC upheld law abolishing hereditary temple management rights.
- Stanislaus Case (1977):
SC ruled that Article 25 does not include the right to convert others,
supporting anti-conversion laws.
Source:
https://indianexpress.com/article/explained/explained-law/how-indias-temples-are-run-9598770/