BHARATA BHARATI

“Takeover of temples can happen, the Supreme Court held, only on establishing a clear case of mal-administration and that too the takeover can be for a limited period, and the management of the temple will have to be handed back immediately after the ‘evil has been remedied.'” – Dr. Subramanian Swamy

The Supreme Court delivered a landmark judgment on January 6, 2013, allowing my Special Leave Petition that sought the quashing of the Tamil Nadu Government’s G.O. of 2006 which had mandated the government takeover of the hallowed Sri Sabhanayagar Temple (popularly known as the Nataraja Temple).

The Madras High Court Single Judge and Division Bench had in 2009 upheld the constitutionality of the G.O. by a tortuous and convoluted logic that new laws can overturn past court judgments that had attained finality earlier. The Supreme Court in 1953 had dismissed the then Madras Government’s SLP seeking the quashing of a Madras High Court Division Bench judgment of 1952 that had upheld the right of Podu Dikshitars to administer the affairs of the Nataraja Temple while dismissing all charges of misappropriation of temple funds against the Dikshitars. The Supreme Court thus made this judgment final and hence that which cannot be re-opened. But in 2009 the Madras High Court did precisely that. In 2014, in my SLP, the Supreme Court Bench of Justices B.S. Chauhan and S.A. Bobde therefore termed this re-opening of the matter as “judicial indiscipline” and set aside the 2009 Madras High Court judgment as null and void on the principle of res judicata.

In their lengthy judgment, the Bench has clearly set the constitutional parameters on the scope of governmental intervention in the management of religious institutions. In particular, the Court has opined that any G.O. that legally mandates a takeover of a temple must be for a fixed limited period, which I had suggested as three years.

The Dravidian Movement intellectuals and politicians in various parties in Tamil Nadu are incensed with the judgement. The recent article “Reforms in the House of God” (A. Srivathsan in The Hindu January 13, 2013) is one such example that laments the Supreme Court judgment.

In this Dravidian movement background, it is not difficult to understand the views of those who believe that Hindu temples ought to be managed by the government, and that any deviation is a social, ethical, moral and legal sacrilege! In Mr. Srivathsan’s article it is stated that: “For almost a century, the Tamil Nadu government has been trying to bring the Chidambaram Natarajar Temple or the Sabanayagar Temple as it is officially known, under state administration”. This is one expression of the outlook that only Hindu religious affairs need to be managed by the government. The obvious question, why should a ‘secular, socialist’ government control only Hindu places of worship, but not Muslim and Christian religious institutions clearly has been avoided.

But the country has moved on after the phase of British imperialist grip on Tamil Nadu during which phase the Dravidian Movement was founded. Prominent leaders of this Movement had declared that “blowing up of the Nataraja Temple by a cannon is the goal of the Dravidian Movement”. Unfortunately for them, in the last two decades, the rising popularity of the Hindu religion among the youth, and the debilitating corruption in financial affairs of the Dravidian movement have made such a violent aim unattainable. But the biggest roadblock is the Constitution of India.

In fact, what is scandalous is the corruption after takeover of temples by the Tamil Nadu officials, MLAs and Ministers by looting the temple wealth, lands, and jewels, and the reckless diversion of donations of devotees to non-religious purposes.

For example, temple properties: Tamil Nadu temples, under Hindu Religious & Charitable Endowments Department (HR & CE), has control over more than 4.7 lakh acres of agricultural land, 2.6 crore square feet of buildings and 29 crore square feet of urban sites of temples. By any reasonable measure, the income from these properties should be in thousand of crores of rupees. The government, however, collects a mere Rs.36 crore in rent against a ‘demand’ of mere Rs. 304 crore — around 12 per cent realisation. How much is under the table only a court-monitored inquiry can reveal. In any corporate or well-managed organisation with accountability, those responsible would have been sacked. Yet, we have people rooting for ‘government administration’.

Temples themselves: The Srirangam Ranganathar Temple paid the government a (yearly) fee of Rs. 18.56 crore (2010-11) for ‘administering the temple’; for employees rendering religious services, like reciting Vedas, pasurams during the deity procession, no salary is paid. There are 36 priests in Srirangam who perform the daily poojas — they are not paid a monthly fixed salary. They are entitled to offerings made by devotees and a share in the sale of archana tickets. Yet the temple pays a monthly salary ranging from Rs. 8,000 to Rs. 20,000 for the temple’s government-appointed employees, like watchman, car drivers etc. who perform no religious duties.

The situation is “significantly” better at the famous Nellaiappar Temple in Tirunelveli. In this temple, priests performing daily pujas are paid monthly salaries, but ranging from Rs. 55 — Rs. 72 (and this is during 2010-11). But did some politician not say you can have a hearty meal for Rs. 5 per day? But it is just Rs. 1.65 per day, going by the standards of the ‘secular’ government.

Many large temples maintain a fleet of luxury vehicles, typically the ‘fully loaded Toyota Innova’, for the use of VIPs! And for the use of assorted Joint and Additional Commissioners and, of course, the Commissioner himself. It is very difficult to understand the religious purpose such extravagance serves or even a ‘secular’ purpose! The HR & CE takes away annually around Rs. 89 crore from the temples as administrative fee. The expenditure of the department including salaries is only Rs. 49 crore. Why does the government overcharge the temples – literally scourging the deities – for a sub standard service?

Temple antiquity: The third ‘contribution’ of the government is the mindless destruction of priceless architectural heritage of our temples.

There are several instances of sand blasting of temple walls resulting in loss of historical inscriptions; wholesale demolition of temple structures and their replacement by concrete monstrosities; in a temple in Nasiyanur near Salem, an entire temple mandapam disappeared, leaving behind a deep hole in the ground, literally.

Recently the government started covering the floor of Tiruvotriyur temple with marble, a stone never used in south Indian temples. The original floor was of ancient granite slabs with historical inscriptions. There are several initiatives for ‘renovation’ of temples — the bureaucrats rarely consult archaeologists or heritage experts. Without knowledge, experience, competence or appreciation and with great insensitivity they use inappropriate chemicals on ancient murals, insert concrete/cement structures, use ceramic tiles to ‘embellish’ sanctum sanctorum and construct ‘offices’ within temple premises. Ancient monuments 300 to 1000 plus years old are never ‘renovated’, only ‘restored’, a distinction that escapes the babus.

More importantly, the Supreme Court, in the 2014 Chidambaram case has held that the government cannot arbitrarily take over temples, which is what has been happening in Tamil Nadu under the Dravidian movement’s influence.

In the case of Trusts and Societies, takeover of temples can happen, the Supreme Court held, only on establishing a clear case of mal-administration and that too the takeover can be for a limited period, and the management of the temple will have to be handed back immediately after the ‘evil has been remedied’.

There are several large temples in Tamil Nadu under government control for several decades. If the Supreme Court judgment is applied, then the government is in illegal, unethical and unfair control of these temples. apart from being answerable for innumerable acts of dereliction of duty, defiling of temples that has resulted in loss of several thousands of crores of rupees to the temples and to their antiquity. That is my next move — to liberate all Hindu temples presently in government control on expired GOs. In the future we need to bring some mosques and churches to rectify the mismanagement going on in these places. Then the secularism of India’s intellectuals will be truly tested. – The Hindu, 20 January 2014

» Dr Subramanian Swamy  is a former Union Minister and a member of the Bharatiya Janata Party.

See also

• Hindu acharyas call for ending government control of Hindu temples – HPI
• The Chidambaram temple and the Podu Dikshitars – T. R. Ramesh
• HR & CE Act: A fraud on the Constitution – B.R. Haran
• HR & CE: Rogue department of the Government of Tamil Nadu – T. R. Ramesh

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