- The Bill, aimed to alter the taxation of Hindu temples.
- It proposed diverting 10% of gross income from temples making over Rs 1 crore annually to a common pool for temple maintenance.
- Previously, the allocation was 10% of the net income for temples earning over Rs 10 lakh annually.
- Net income is calculated based on the profits of the temple after accounting for its expenses, whereas gross income simply refers to the total amount of money the temple makes.
- The common fund may be utilised for purposes including religious studies and propagation, temple maintenance, and other charitable causes.
- The common fund pool was created in 2011, by amending the 1997 Act.
- The Bill suggested adding a member skilled in Vishwakarma Hindu temple architecture and sculpture to the "committee of management" of temples and religious institutions.
- Under Section 25 of the KHRI& CE 1997 Act, temples and religious institutions are required to form a “committee of management” consisting of nine people, including a priest, at least one member of a Scheduled Caste or Scheduled Tribe, two women, and one member of the locality of the institution.
- The Bill empowered the Rajya Dharmika Parishat to appoint committee chairpersons and handle religious disputes, temple statuses, and trustee appointments. Additionally, it mandated the creation of district and state committees to oversee infrastructure projects for temples earning over Rs 25 lakh annually.
What are the Concerns Regarding the Bill?
- The Bill may also be challenged on the grounds of discrimination, as it applies only to Hindu temples, and not to other religious institutions.
- The Bill may also face scrutiny under Article 14 of the Constitution,which guarantees equality before the law and equal protection of the laws, and prohibits arbitrary and unreasonable state action.
- Article 25 ensures individuals' freedom to profess, practice, and propagate religion, subject to public order, morality, and health.
- Article 25(2) (a) empowers the State to regulate or restrict those activities of any religious practice which are economic, political, financial in nature or any other activity which is secular.
- Article 26 grants religious denominations autonomy to manage their religious affairs and establish institutions for religious and charitable purposes.
Temple Revenue Handling in Other States:
- Telangana's Model:
- Telangana follows a system akin to Karnataka's, where a "Common Good Fund" is created under Section 70 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987.
- Temples earning more than Rs 50,000 annually are mandated to contribute 1.5% of their income to the state government.
- These funds are utilized for temple maintenance, renovations, veda-pathasalas (religious schools), and establishing new temples.
- Kerala employs a distinct approach where temples are predominantly managed by state-run Devaswom (temple) Boards.
- The state has five autonomous Devswom Boards overseeing over 3,000 temples, with board members typically appointed by the ruling government, often politicians.
- Each Devswom Board operates with a budget allocated by the state government and isn't obliged to disclose revenue figures. Separate laws govern the administration and management of temples under each Devswom board, except for Travancore and Cochin, which are governed by a shared Act(Travancore-Cochin Hindu Religious Institutions Act, 1950).
What is the Historical Background of State Regulation of Temples?
- The British government's Religious Endowments Act of 1863 aimed to secularize temple management by transferring control to local committees.
- In 1927, the Justice Party enacted the Madras Hindu Religious Endowments Act, marking one of the earliest efforts by an elected government to regulate temples.
- In 1950, the Law Commission of India recommended legislation to prevent misuse of temple funds, leading to the enactment of the The Tamil Nadu Hindu Religious and Charitable Endowments (TN HR&CE) Act, 1951.
- It provides for the creation of a Department of Hindu Religious and Charitable Endowments for the administration, protection, and preservation of temples and their properties.
How are other Religious Institutions Managed in India?
- The Places of Worship Act, 1991:
- It was enacted to freeze the status of religious places of worship as they existed on 15 th August 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character.
- The Act excludes ancient and historical monuments, archaeological sites, and remains governed by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- It also doesn't cover settled cases, resolved disputes, or conversions before its implementation. Specifically, the Act doesn't apply to the place of worship known asRam Janmabhoomi-Babri Masjid in Ayodhya, including associated legal proceedings.
- The constitution under Article 26 states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property.
- Muslims, Christians, Sikhs and other religious denominations utilize these constitutional guarantees to the fullest and manage their institutions.
- The SGPC is a Sikh-led committee that manages Sikh Gurdwaras in India and abroad.
- SGPC is directly elected through election by the Sikh sangat i.e. Sikh male and female voters above 18 years of age who are registered as voters under the provisions of the Sikh Gurdwaras Act, 1925.
- The Waqf Act of 1954 established the Central Waqf Council, which advises the Central Government on the administration of Auqaf (assets that are donated) and the working of state Waqf Boards.
- State Waqf Boards exercises control over mosques, graveyards and religious waqfs in their state. The primary function of Wakf Board is to ensure its properties and revenue are appropriately managed and utilized.
- Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law.
UPSC Civil Services Examination, Previous Year Questions (PYQs)
Mains:
Q. How the Indian concept of secularism is different from the western model of secularism? Discuss. (2016)
- State Waqf Boards exercises control over mosques, graveyards and religious waqfs in their state. The primary function of Wakf Board is to ensure its properties and revenue are appropriately managed and utilized.
- It was enacted to freeze the status of religious places of worship as they existed on 15 th August 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character.