Madras High Court delivers a landmark judgment on freedom of Hindu temples and their lands

In a relatively historic judgement, the Madras High Court on Monday (June 7) issued a set of 75 instructions to the Tamil Nadu authorities for the upkeep and safety of historic monuments and historic temples.The divisional bench of Justices R Mahadevan and PD Audikesavalu in its 224-page judgment has mounted an 8-week timeframe for the federal government to organize an exhaustive set of pointers encompassing non secular to scientific maintenance of temples, idols, belongings, historic monuments, paying salaries to employees, filling up vacancies within the put up of trustees, sustaining the animals owned by the temples and safeguarding their water our bodies.“There is dire need to manage and conserve our ancient cultural heritage and monuments employing better advance technology in protecting, preserving and nourishing the same,” mentioned the Court.The courtroom concurrently noticed, “The custodians of grand and antique temples and ancient monuments are least bothered and the conservation of our valuable heritage is deteriorating not due to any natural calamity or catastrophe, but due to reckless administration and maintenance under the guise of renovation”,Temple funds for use for TemplesThe courtroom astutely remarked that the Temple funds shall be first utilized for the upkeep of the temples and different actions and the excess ought to be used to restore different temples which have been ruined because of the negligence of the state authorities.“The funds of the temples shall first be utilized for the maintenance of temples, conducting temple festivals, payment to its staff including the archakas, oduvars, musicians, folklore and drama artiste.” mentioned the bench.The Court additional added that in case of surplus funds, the identical shall be utilized for attending the restore and upkeep of different temples within the state as specified beneath the HR&CE Act (Hindu Religious and Charitable Endowments Act) and the Rules framed there beneath and for the propaganda of the tenets of all or any of the non secular establishments beneath the HR&CE Act.Cannot reward away the temple land with out the want of the donorThe two-judge bench additionally rapped the commissioner of the HR&CE division and cautioned him from freely giving the temple land freely.“The State Government or the Commissioner of the HR&CE department, who are the Trustee/administrator of the temple lands, shall not alienate or give away the lands contrary to the wish of the donor. The lands shall always remain with the temples. The ‘public purpose theory’ shall not be invoked in cases of temple lands over which the interest of the community people of the religious denomination generally rests.”In addition, the Court additionally handed instructions to the HR&CE Department for the right audit of temple belongings and remarked that the division’s web site should show the variety of idols of historic significance, the quantity stolen, the quantity retrieved and the standing of investigation with regard to stolen instances.Constitute Heritage Commission to guard historic monuments, templesThe Court ordered that Mamallapuram World Heritage Area Management Authority ought to be established inside eight weeks to handle and safeguard all monuments and {that a} 17-member Heritage Commission also needs to be constituted to behave as an advisory physique to the Authority. Historians, archaeologists and anthropologists ought to be a part of the fee.Read More: Rajasthan’s Sanganer district bans loudspeakers in Hindu temples, leaves mosques untouched“The Heritage Commission shall identify all the structures, monuments, temples, antiques with historical/archaeological importance within the State of Tamil Nadu, formulate a list with age of such monuments by categorising them within their period group, issue appropriate notification, render periodical advice to the State, supervise the restoration, repair works etc., and maintain the same,” the courtroom order learn.The historic Hindu temples within the state have been in a perpetual state of despair owing to the neglect of the successive state governments in granting the management again to the temples. The Court stepping in and asserting a significant overhaul is definitely anticipated to set issues in movement and assist the historic Hindu temples obtain their previous glory.