Religious Endowments Bill to be based on joint panel's report

By M.Raghuram

MANGALORE, JULY 4. The last time the Government tried to introduce a new bill on religious endowments it was received with protests from the religious heads of Dakshina Kannada, Udupi and Uttara Kannada where most of the Hindu temples are in the State.

But considering the fact that most of the temples are finding themselves embroiled in controversies, devotees and people of the region are wishing that the Government put its feet down firmly on the issue.

The bill, which sought to appoint a commissioner for keeping account of the day-to-day financial transactions and administration of temples and other religious places, had irked the religious heads of the three districts. They contended that the appointment of Government trustees to temples, and also a commissioner for managing temple affairs would bring about corruption in the administration of temples.

But recently when one of the largest temples in Dakshina Kannada district reeled under the clash of hereditary archaks, a plethora of corrupt practices came into the open maligning the name of the temple as well as the people who managed it.

Following protests against the Draft Bill the Government constituted a joint select committee to deal with the situation. Considering the situation as highly emotive, various parties in both the Upper and Lower Houses constituted the select committee under the guidance of Dr. V.S.Acharya, a senior legislator and an authority on religious subjects, to study the situation.

After the study, the select committee felt that the Religious Endowments Bill be made more clear. However, the committee was examining a three-tier recommendation to be incorporated in the Bill, including deletion of ambiguous clauses that might harm the sentiments of religious heads and the majority community, adding a few new clauses, which might give more clarity and practical dimension to the Bill, and refurbish some of the points in the Draft Bill to ensure harmonious functioning of temples even under a new law.

The Council mooted a resolution to draft a bill for bringing modification to the existing Religious Endowments Bill which includes only Government-aided temples. The hereditary and denomination temples and maths had to be kept out of the purview of the Bill.

At that time the Council felt that it was the right time to bring in the Hindu Religious Endowment Bill as the State was following the 1954 Hindu Religious Endowments Act of Tamil Nadu till the new Bill was drafted in September 1998.

The Tamil Nadu Legislature scrapped the Bill in 1959 because of some irrelevant clauses.

The Bill was introduced in Karnataka even before Reorganisation of States. The Hyderabad, Bombay parts of the State were still following the repealed Act.

The State Government, however, was quick to understand the implications of following the old Act and changes in the Religious Endowment Act were proposed in 1984, and a Bill was promulgated in the same year.

But it had not engaged the attention of the governments which forced the State being placed in a disadvantageous position insofar as religious endowments affairs were concerned.

A second reading of the Bill by both the Houses has been completed and it is supposed to be taken up during the next session of the Council to be convened shortly.

Over 60 leaders from five administrative divisions of the State met the committee suggesting several changes in the Religious Endowments Bill in 1998. That was the first time when a new Religious Endowments Act was charted out in concurrence with religious leaders.

The suggestions have pointed out that though there should be Government nominees on temple trusts, they should not have coercive powers which could overrule the resolutions taken by the hierarchical committee of trustees or the managing committee constituted by devotees.

Another important suggestion was to include archaks in the managing committees of temples as they would be in a position to monitor the day-to-day religious activities of the temple. However, managing committees would be having complete control of the administration and financial matters.

The select committee also recommended reducing fund payable to the Government from 10 per cent to five per cent of the total hundi collections which was welcomed by the Council of Religious chiefs on different occasions.

The select committee has submitted a final report to the Council and the Ministry of Religious Endowments has assured the select committee members of drafting a bill on the lines of the recommendations of the final report in the next session of the Council.

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