Hindu Religious and Charitable Endowments Department
Synopsis
- Introduction
- Madras Endowments and Escheats Regulation, 1817
- Religious Endowments Act, 1863
- Charitable Endowments Act, 1890
- Code of Civil Procedure, 1908
- Charitable and Religious Trusts Act, 1920
- Hindu Religious Charities Board set up by Justice Party, 1927
- Various Acts
- Madras Hindu Religious and Charitable Endowments Act, 1951
- Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
- Appointment of Trustee
- Salary to Temple Workers
- Temple Entry Acts, 1939 and 1947
- Hindu Religious Endowments Commission
- Hindu Religious Institutions
- Donations by Devotees
- Endowments Department and Waqf Board
- Notable Charities by Dravidian Parties
- Conclusion
- Points to Remember
- Reference
Introduction
Various rulers, including the Cheras, Cholas, Pandyas, Pallavas, Nayaks, Mysoreans, Travancoreans, and Cochinites, were instrumental in designing and constructing the magnificent temples of South India. Historically, rulers were entrusted with the care of temples due to their extensive property holdings.
After the abolition of monarchy in British India, control over numerous temples shifted to the upper castes. The transfer of temple property to private parties occurred without formal transactions. Consequently, devotees lodged several complaints with British India against the mismanagement, sale, and misuse of temple property. In response, various rules were adopted at different times to address the issue of inadequate temple administration. Chief among these measures was the establishment of an endowment department to oversee temple administration.
Madras Endowments and Escheats Regulation, 1817
In the provinces of Bengal, Madras, and Bombay, Temple Endowment Regulations were enacted in 1810, 1817, and 1827, respectively. The statues within the temples were legally recognized as entities with rights. Financial management of the temples was entrusted to local agents. The Madras Endowment and Escheats Regulation of 1817 granted the Board of Revenue extensive authority to regulate temple administrations. This included the collection of rent on temple lands, allocation of temple resources, maintenance of temple buildings, and prevention of the confiscation of temple property.
Religious Endowments Act, 1863
The Religious Endowment Act of 1863, applicable throughout India, was enacted to replace the 1817 Act with the objective of 'divesting the state from the administration of religious endowments and from receiving benefits owed to the state.
Charitable Endowments Act, 1890
The Charitable Endowments Act of 1890, applicable throughout India, defines charitable objectives as "the alleviation of poverty, the promotion of education, the provision of medical aid, or the promotion of any other cause of public welfare". Importantly, it is noteworthy that mandatory religious teaching was outlawed.
Code of Civil Procedure, 1908
The Code of Civil Procedure applies throughout India and serves as 'a body of law that regulates the procedure to be followed in courts of law.' In the event of an alleged breach of an express or implied trust created for a public purpose of a charitable or religious nature, individuals are granted rights under Section 92 of the Code of Civil Procedure of 1908. This section addresses issues such as the removal of any trustee, appointment of a new trustee, transfer of any property to the trustee, management of financial resources, and much more.
Charitable and Religious Trusts Act, 1920
The Charitable and Religious Trusts Act of 1920 was designed to oversee public trusts not covered by the Indian Trust Act of 1882. Applicable throughout India, it was enacted to 'establish control over the administration of religious trusts and to facilitate trust procedures.' This legislation specifically addresses trusts created for religious and charitable purposes, providing guidance to the trustees involved. In essence, public trusts are established to aid the public.
Hindu Religious Charities Board set up by Justice Party, 1927
For centuries, temple trustees, primarily from Brahmin and other upper castes, have been accused of exploiting the resources of temples. The newly-elected Justice Party in the Madras Province was appalled by the mismanagement of temples. In 1920, Raja of Panagal assumed the role of Chief Minister of Madras Presidency on behalf of the Justice Party and made efforts to bring the temples under government surveillance. In 1922, he proposed the Hindu Welfare Act for this purpose. Despite numerous obstacles, in 1925, he successfully introduced the Hindu Welfare Bill. Despite resistance from the then-right wing, he presented the bill to the Viceroy, Lord Irwin, who approved it.
The Madras Hindu Religious Endowments Act of 1927 eventually resulted in the establishment of the Hindu Religious Charities Board to serve the entire Madras Province. Through this legislation, the board was granted the right to control the management of temples. Additionally, it was given the authority to appoint officers for temples that were not properly managed. Notably, the temple management system in the union of India was significantly shaped by legislation introduced by the Justice Party, the pioneer in the Hindu religious endowment sector.
Various Acts
The laws enacted, including Acts 1 of 1928, V of 1929, IV of 1930, XI of 1931, XI of 1934, XII of 1935, XX of 1938, XXII of 1939 (twice), V of 1944, and X of 1946, were based on endowment principles.
Madras Hindu Religious and Charitable Endowments Act, 1951
In 1940, during the British Governorship (1939-1946), a special officer was appointed to overhaul the Hindu Religious Charities Board. The special officer indicated that direct government management of Hindu religious institutions would be more advantageous than government supervision via boards. In 1942, a commission led by a former Madras High Court judge found that establishing the Hindu Religious Charities Board as the state's central administration would be useful. Additionally, in 1950, C.R. Das, the chairman of the Law Committee, proposed that the day-to-day activities of temple administrations be governed by appropriate regulations.
In this context, the Hindu Religious and Charitable Endowments Act of 1951 was enacted to dissolve the Hindu Religious Charities Board and establish a government department, leading to subsequent changes throughout all of Tamil Nadu. The Act stipulated that the Endowment Commissioner would oversee temple administration, all temple affairs would be administered by the state, multiple levels of management with associated rights and responsibilities would be established, and hereditary temple personnel would be eliminated. At the time, this Act faced significant opposition from the right-wing.
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
The Hindu Religious and Charitable Endowment Act of 1959 was enacted by the Tamil Nadu government to replace all previously applicable religious laws throughout the state. This Act came into effect on January 1, 1960. Under this legislation, an IAS official serves as the Commissioner for the Hindu Religious Charities Department, with additional authority granted to the Commissioner.
The Act established numerous divisions within temples, and respective managers were appointed. An Advisory Committee was also created to advise the government on issues related to Hindu religious institutions. Specific authorities and responsibilities of temple officers were outlined. Additionally, measures to enhance the financial growth of the temples were introduced. Furthermore, matters involving the improper transfer of temple property to individuals were resolved under the court's directive.
Appointment of Trustee
The Hindu Religious and Charitable Endowments Act of 1959 empowers the government to appoint non-hereditary trustees to manage temples. Each such board of trustees includes additional members, with a mandatory representation of at least one woman and one member from the Adi Dravida or Tribal Class. The term of this committee is two years.
In case of a temporary vacancy in the Board of Trustees, an interim Thakar would be chosen to perform the functions of the Temple Trustees until the next Board of Trustees is selected.
Salary to Temple Workers
The Indian Constitution establishes the Union of India as a secular state. The secular concept prohibits the federal government from funding Hindu temples, and temple employees are not paid from the state treasury. For instance, the 14% tax that Tamil Nadu temples pay to the Tamil Nadu government is utilised for the payment of temple employees.
Temple Entry Acts, 1939 and 1947
Periyar's Vaikom agitation (1924-1925) in Kerala laid the groundwork for the temple entry struggle in Tamil Nadu. At 8:45 p.m. on July 8, 1939, five Adi Dravidians and one Nadar community, led by Congressman Vaidyanatha Iyer, invaded the Madurai Meenakshi Amman temple. The Madras Temple Entry Authorisation and Indemnity Act of 1939 was adopted on July 11, 1939, by Rajaji, the Chief Minister of the Madras Provincial Congress, to protect those who entered the temple and those who urged them to do so. Gandhi praised Vaidyanatha Iyer and his crew for the temple entry activity in a letter to Harijan dated July 22, 1939. He also sent a letter of congratulations on September 13, 1939.
Periyar criticized the political maneuverings of Rajaji, who approved the extravagance ordinance in 1939, stating, "it is a social injustice to pass a law protecting only those who wish to visit a temple without also passing a law allowing everyone to visit a temple". In 1947, O.P. Ramasamy, the Chief Minister of the Madras Provincial Congress, approved the Madras Temple Entry Authorization Act of 1947, which allowed people of all castes to enter temples.
Hindu Religious Endowments Commission
In 1960, the Union Government of India established the Hindu Religious Endowments Commission to investigate issues related to Hindu religious charities. From 1960 to 1962, Dr. C.P. Ramaswamy Iyer served as the Chairman of the Commission. The Commission provided certain suggestions to both the central and state governments. The current norm for temple administration is based on the recommendations made by the Commission.
*State governments that have not yet implemented rules governing Hindu religious trusts should swiftly enact the necessary legislation to exert control over trustees.
*State governments have the authority to remove temple trustees, appoint interim leaders, and take other corrective actions in the event of an emergency.
*State governments should establish a common good fund following the provisions of Section 97 of the Hindu Religious and Charitable Endowments Act, 1959.
*State governments should establish Agama, Archana, and Ritual training schools for priests.
*State governments should develop a legislative framework that uniformly governs all religious foundations.
Hindu Religious Institutions
The Tamil Nadu government has incorporated temples in private ownership, temples in the possession of princely states, and several sub-temples. Currently, the Hindu Religious Endowments Department is responsible for the administration of 9,166 listed temples and 36,802 unlisted temples.
Revenue Courts are operational to settle disputes, such as rent arrears, determining fair rent, evicting defaulters, and so on, between tenants cultivating on temple lands and those on record under the Tamil Nadu Cultivating Tenants Protection Act of 1955.
Andhra Pradesh, Telangana, Kerala, Karnataka, Pondicherry, Rajasthan, Bihar, Maharashtra, Madhya Pradesh, Uttar Pradesh, Jammu and Kashmir have Hindu Religious Endowment Acts in existence. The Hindu Endowments Act of 1968 is in effect in Singapore, while the Hindu Endowments Act of 1906 is in effect in Malaysia.
Donations by Devotees
It is traditional for devotees to donate for the organization of festivals, maintenance of inns, repair of buildings, administration of endowments, and preservation of the welfare of temple personnel. Additionally, devotees may contribute lands, buildings, gold, silver, and other assets to temples. Significantly, the government audits these contributions to the temple.
Endowments Department and Waqf Board
Under the supervision of the Ministry of State Endowments, each state government oversees the Hindu Religious Endowments Department. Similarly, Waqf Boards are supervised by individual state governments on behalf of the Union Ministry of Minority Welfare. The Central Waqf Council, established in 1964 and operating under the Union Ministry of Minority Welfare, has a legislative nature and advises the Union Government on Waqf Board matters, as stipulated by the Waqf Act of 1954 (now a subsection of the 1995 Act).
In summary, the functioning of the Hindu Religious Endowments Department is regulated by the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959, while the Waqf Boards operate in accordance with the Waqf Act of 1995, with the Central Waqf Council playing a crucial advisory role.
Notable Charities by Dravidian Parties
The abolition of hereditary priesthood, allowing individuals from all castes to become priests, the establishment of the Ministry of Charities to administer temples, the recovery of ancient idols, the renovation of temple paintings, the maintenance of temple sculptures, the reconstruction of the Thiruvarur Thyagaraja temple chariot, the celebration of the 1000th anniversary of the Thanjavur Brihadeeswara temple, the establishment of children's mercy homes and rehabilitation homes for beggars funded by temple incomes, the reacquisition of temple lands, the creation of a welfare board for village temple priests, the implementation of the annadhanam scheme, consecration ceremonies, and a structured schedule for temple work are noteworthy charitable works carried out during the Dravidian party's reign.
Conclusion
The Justice Party, the pioneer of the Dravidian movement, laid the foundation for monitoring temple resources throughout British India by drafting the Hindu Endowments Act in 1925. In 1959, Congress Chief Minister Kamaraj made additional revisions to the Act, responding to the increased efficacy introduced by the Justice Party. Subsequently, the Dravidian parties faithfully adhered to the Act, implementing various revisions, schemes, and measures to preserve, safeguard, and oversee the administration of temples.
It is crucial for the government to consistently prioritize the charitable sector. This is essential to prevent the upper castes and spiritual leaders from exploiting temple resources for personal gain, to maintain religious harmony, and to effectively manage religious properties.
Points to Remember
Question = The Article 26 of the Indian Constitution grants the right to establish and maintain institutions for religious and charitable purposes, manage religious affairs, acquire property, and legally manage property. According to this, is Government oversight by the Hindu Religious and Charitable Endowments Department necessary for Hindu temples?
Answer = The management of Hindu temples is carried out by the Hindu Religious and Charitable Endowments Department. The regulations for this differ from those mentioned in the Article 26. In this context, it is noteworthy that the Supreme Court has clarified that "administering temple property" is entirely different from "managing temple affairs."
Reference
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