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Picture Courtesy:  THE HINDU

Context

Recent political controversy in Tamil Nadu revolves around diverting temple funds for college construction, highlighting a unique social justice model regulating secular practices related to religion.

TEMPLE LAWS AND SOCIAL JUSTICE

What is the main idea of Temples of Social Justice?

It is a unique model to social justice, especially in South India, which involves the government regulating the non-religious (secular) parts of religious institutions, like temples. 

How did the laws governing religious institutions in India evolve?

The laws that manage religious institutions, especially temples, have a long history, mostly starting in the Madras Presidency (now mostly Tamil Nadu).

Early British Control => In 1817, the East India Company introduced the "Religious Endowment and Escheats Regulation" to create a legal framework for controlling religious institutions and their properties.

British Crown's Careful Approach (After 1858) => After the Rebellion of 1857, Queen Victoria made a promise in 1858 not to interfere much in religious matters.  

• Did they stop controlling temples? British officials argued they needed to control the non-religious aspects of religious properties, like managing their lands and funds, while avoiding interference in religious rituals. They made a clear distinction: don't meddle with prayers and rituals, but manage the money and property.

Justice Party's Role and Key Laws (1920s) => Justice Party came to power in Madras in 1920, strongly supported government supervision of religious institutions for social reform.

• They introduced the Hindu Religious Endowments Act (1925) to allow using surplus temple funds for non-religious purposes (secular activities). This principle became a foundation for later laws.

Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act 1959 => Governs Hindu religious institutions, also include provisions to use surplus temple funds for other purposes. 

What are 'Surplus Funds' and how can temples use them?

As per the 1959 Act, 'Surplus' refers to the money left over after the temple has set aside enough funds for its own maintenance and for training its officials.

Temple managers (trustees) can use these extra funds for purposes allowed by the law, but they need prior permission from the Commissioner (a government official).

The law specifically states that these funds can be used for establishing and maintaining universities or colleges.

What are the Constitutional Articles Related to Temple Funds?

Article 27 => No one can be forced to pay taxes specifically to promote or maintain any particular religion. However, fees charged for regulating religious institutions (like the HR&CE Act) are considered legal because they are for administering the institutions, not promoting a religion.

• In the Shirur Mutt case (1954), the Supreme Court distinguished between "taxes" and "fees". This ruling upheld the state's power to oversee temple administration.

Article 28 => No religious instruction can be provided in state-funded educational institutions. However, if an institution is managed by a trust that requires religious instruction, it might be permitted. 

Conclusion

Using surplus temple funds for education or other welfare activities is lawful, aligns with historical traditions and the principles of social justice.  

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SECULARISM

Source: THE HINDU