Temple trusts prepare for battle royale

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Temple trusts prepare for battle royale

Posted on 28 September, 2006

Hindus, Join hands and unite to fight against the ploy of

Government. - Editor

 

Mumbai: "AT ONE word of mine or other saints, followers donate

whatever they have. Men empty their pockets and women, their

jewellery. They do this because of their faith in us and the

religion. Why should government decide where this money goes?" As

one who likes to dwell on questions of divinity, Gachadipati

Hembhushan Soorishwarji Maharajsaheb, a leader of the Jain

Svetambara Murti Pujak Sect, is not particularly happy at having to

answer to the government.

 

Across Mumbai, the stirrings of discontent are evident as some of

the richest and most powerful of the city's more than 5,000 Hindu,

Jain and Sikh, Christian and Parsi trusts prepare to battle a new

law they believe will force them to cede control to the government.

 

The Maharashtra Temples or Religious Institutions (Management and

Regulation) Bill will come up in the cabinet next month. Chief

Minister Vilasrao Deshmukh ordered the drafting of a new law after a

stampede killed 267 people at Mandradevi Temple in Satara in January

2005.

The government felt the need to stop `mismanagement'

and `misappropriation of funds' by trusts. The proposed bill allows

a government panel to control temple management by simple

notification. No legislation will be required.

 

So, last week, more than 600 Jains gathered at Lord Parshvanath

Godiji's temple in Pydhonie to demand the bill be withdrawn. "This

is discrimination," argued BJP MLA Mangal Prabhat Lodha. "Why

doesn't the government take over institutions registered under the

Waqf Board?" A Jain, Lodha is leading an agitation that he says will

bring "thousands to the streets" if the bill is not cancelled. The

proposed law covers all religious institutions except masjids,

dargahs and madrassas covered under the Waqf Act.

 

The community says the government does not need to remind it of

charitable responsibility — Jains made the largest contribution of

Rs 53 lakh after the deluge last year.

 

The government believes there is needless panic. "Only trusts that

apply and those that the government thinks require it will be

brought under the Act," explained Arvind J. Rohee, Joint Secretary

of the State Law and Judiciary Department.

 

That explanation isn't calming tempers. The Hindu Jan-Jagruti Samiti

(HJS) — an NGO working for religious and national causes — is

garnering support from Hindu temples to oppose the bill. "If the

government takes over temples, they will be in the same state as

other PSUs," said HJS head Ramesh Shinde. For 25 Tuesdays, he has

stood outside Siddhivinayak temple protesting "government misuse of

temple funds".

 

"I don't think the proposed law will see the light of day. There

will be tremendous opposition. The government should not interfere

in religious affairs. They should make it compulsory for temple

trusts to be transparent," said activist Keval Semlani whose PIL

against "irregularities" in Siddhivinayak temple funds is pending in

the High Court.

 

Moreover, protestors say the passing of the bill would also mean

a "backdoor" entry for recommendations made in the Law Commission's

13th report on the Bombay Public Trust Act (1950) under which all

public trusts are registered.

 

The report said there should be three trustees per trust — one

appointed by the government — all income should be in a common fund,

there should be no lifetime trustees, each trustee should be liable

(not just the trust) and donations must be approved by the charity

commissioner.

These suggestions were on hold after opposition from religious

leaders and trusts. The leaders allege the government is violating

their consitutional rights to preach, practice and propagate

religion.

D.N. Choudhary, Chairman of the Law Commission

disagrees. "Siddhivinayak and Jagannathpuri are under the government

but this has not come in the way of religious affairs," he said.

 

He explains that after complaints against Pandharpur temple, Shirdi

temple and Siddhivinayak temple, the government had to pass three

separate acts to bring them under its control. But if the new law is

passed, it will be an umbrella legislation and the three acts will

be repealed.

 

Follow thy neighbour?

 

The Karnataka High Court quashed a similar Act — the Karnataka Hindu

Charitable Endowment Act of 1977 — twice this month, on September 8

and 20, for violating the constitutional right to practice, preach

and propagate religion.

 

Temples had appealed against a court order that declared the Act

valid and said the government could appoint an Endowment

Commissioner, audit temple funds, appoint archakas (priests),

monitor the temple affairs and create a common pool fund

 

WHY THE SCARE

1. Government may take control of trusts.

2. The state will decide how trust money will be spent

3. The trusts now contribute 2 per cent of their gross income to run

the Charity Commissioner's Office. If the new law is passed, that

may go up to 8 per cent

4. There will be interference in religious affairs

 

IN CONTROL

Temples and religious institutions are presently under the Bombay

Public Trusts Act (1950). The Charity Commissioner supervises public

trusts but cannot appoint a government committee Trusts registered

under this Act.

 

IN STATE - Over 4,50,000

 

IN MUMBAI

4,271 Hindu, Jain and Sikh religious trusts

1,219 Parsi trusts

314 Christian trusts

 

Quotes -

This is discrimination. Why doesn't the government take over

institutions that are registered under the waqf board?

- Mangal Prabhat Lodha, BJP MLA

 

Followers donate whatever they have because of their faith in us.

Why should government decide where this money goes?

- Gachadipati Hembhushanji, leader of a Jain sect

 

Source: Hindustan Times, Mumbai Edition (28 Sept 06, Page 6)