Supreme court authority to rule over hindu temples

SIR,

KINDLY NOTE THAT

1. IN CASE ANY PETITION IS FILED AGAINST ANY TRADITION MENTIONING THE FACTS AND ON LAW POINTS , IT IS UP TO THE AGGRIEVED PARTY TO STRONGLY OPPOSE THE SAID PETITION MENTIONING ALL ACTUAL FACTS WITH SUPPORTING WITH EVIDENCE AND DOCUMENTS AND LET THE CONCERNED COURT DECIDE THE MATER. GOOD LUCK.

The point here is does any Indian court have any right to interfere in temples and religious rituals? Courts are atheist bodies and how can they rule over religion? Equal rights in our constitution pertains to the institutions run by our government and not by private bodies.

In Shani Shringapur Mandir Case (Famous Maharashtra Temple of Shani Dev)

Following Sections of Act and following article of Constitution was taken on record and Judgement pronouced. Judgement is in Judgement forum , I have placed it there

Case was taken under the  

Maharashtra   Hindu   Places   of Public   Worship   (Entry   Authorization)   Act,   1956

Additional Articles 15, 25 and 51­A(e) of the Constitution

Article 15 of Constitution ----> Prohibition of discrimination on grounds of religion, race,caste, s*x, or place of birth

Article 25 of Constitution  ----> Freedom of Conscience and free profession , practice and propagation of religion

Article 51A (E) Constitution -----> Fundamental duties ------> to promote harmony and the spirit of common brotherhood amongst all the people of india , transcending religious , lingustic and regional or sectional diversities , to renounce practices derogatory to the dignity of women

Article 25 2(b) states

Nothing in this article shall affect the operation of any existing law or prevent thre state from making any law

(b) providing for social welfare and reform or the throwing open of Hindu religious institution of a public character to all classes and section of Hindus. 

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So to author query

1) Under constiution Supreme Court have powers 

2) Additonally all religious insitution have made trust for financial management. So Trust Act applies to them

3) Since they are under Trust Act , again from this point of view they come under Constitution of India. 

 

What is the meaning of ‘internal operations’?  Temples are public bodies. They accept donations, offerings etc from the public in the form of cash, valuables and other forms. Those who manage the temples receive the offerings and utilise them for various purposes. Those who manage the properties of the temple are trustees of the public. Hence temples have to be registered under the Public Trust Act or any other act specifically enacted for the purpose. Hinduism, particularly for the upper castes, have scripttures which govern the way of life. Many things in the scripttures are considered not in keeping with modern value system. For instance remarriage of widows, divorce etc are not allowed according to scripttures. But laws have been passed allowing them. Lower castes and dalits were not allowed entry into temples. But now not allowing them entry into temples is a punishable offence. The boards of temples are made up of individuals who are placed there for the purpose. They cannot have norms and rules on their absolute discretion. They cannot introduce rules or practices which are not in keeping with the principles of equality enunciated by our Constitution. They cannot do things on their own discretion. The temple belongs as much to the public who go there to worship as to those who are entrusted with the management of the temple. If there is dispute on any matter between the two, either of the parties can go to court. Courts have jurisdiction over temple managers also

This analysis shows neither article 15 nor article 25 of Indian constitution gives power to any state or court to change religious customs unless the institution is run by govt. funds -

https://themalefactor.com/2016/04/15/courts-setting-hindu-religious-customs-is-against-indian-constitution/

There is no meaning in saying that courts are atheist bodies. They are not religious courts the way, say a Shariat court is. It is not possible to answer the question in general terms. When one speaks of customs and rituals there are customs followed by temples and rituals performed in temples. There are also customs and rituals pertaining to specific communities. When one considers matters pertaining to religion politics also come in. Let us be specific and take a few specific instances.

Jayalalitha the present Chief Minister of Tamilnadu once banned animal sacrifices in temples. No one went to court on that count. But there was such a hue and cry by the opposition DMK that the order had to be withdrawn. Politics rather than law decided the issue. What is the opinion of Distressed PS? Can animal sacrifices in temples be banned?

Questions are asked in India only when it pertains to Hindu religion. No one shall dare to ask any question regarding practices in Islam.

Shah Banoo was a 62 year old divorcee with 5 children. Her husband abandoned her. She went to court. Court ordered alimony under Section:125 Cr.P.C. There was such a hue and cry saying that it was an interference into the tenets of Islam. There were demonstrations. Copies of Indian Constitution were burned. Rajiv Gandhi hurriedly called the Parliament and passed a law with his then brute majority. Did he repeal or amend Section 125? No. He passed an ineffective law for the protection of Muslim Women like Sha Banoo. Were any Muslim women benefitted by the law passed by Rajiv Gandhi? I doubt. Still Section 125 is only coming to the rescue of unfortunate Muslim women.

Recently in a case which came before the Supreme Court, the court passed orders that Triple Talak by Muslim husbands are not valid. Some Muslim religious organisations are planning to challenge the Supreme Court verdict.

I request Mr. Distressed PS to come out with specifics. Please mention a specific custom or a specific ritual  at least as an example.

Let it not be forgotten that age old temples have done good to all impartially. These are conceptions, gifts of the Noble hearted elderly (Kings etc top men/women). They have consciously constructed temples & then left behind lands, properties etc. The latter ones have even left behind wills to take care of the temples' survival.

 

Some of the noble hearted remained bachelors, spinsters, widows, widowers, issueless etc all through. Society did them good in particular ways & the Noble hearted have desired to return the good in particular ways. The law, ways & means have all changed over the ages. Some have left behind wills & some do not, but have trained people. They have donated their land, movables & immovables etc & hope that the pooja be done in a particular way. They have also specified the criteria for people's appointment, the job they need to do; investments, dates etc for food distribution, tank renovation, farming etc etc. They have also given quiet a bit to the animal kingdom. Some of the temples have been operating on those percepts since ages & they may not have written documents. Some of the older temples do not have documents, but have been operating since generations by word of mouth. So, some practices have through such means.

 

I see that this has happened even in other religions. The lands were occupied by different rulers. All religions have had noble hearted & all such places have been, are operating on the percepts that were laid. This issue thus involves emotions, respecting those wills (Written & Oral) & may please not be hurried through the way it is now.

There is a difference between a will and a wish. A will is of immediate and practical application. Those built the temples would have done it to earn punya for better life in the other world or in the next birth. Whatever they get after death will no way be affected by whatever others do to their temples especially hundreds or thousands of years hence. Even whatever the present managers do may not be exactly as what the original builders wished. Let us not worry about the wishes of those who are dead long ago. They would have wished that dalits should not enter their temples. Will their wishes be respected now. Temples which are open to the public are public property.

Temples' principle is 'Sarve Janaha Sukhino Bhavanthu' & so be it always, to all.

 

Age old temples, movables & immovables are properties. One's house is one's business. Requests can be made, but dictations aren't fair in another's property. Old temples have their own teething problems in mobilising resources, people, maintenance, PR, men management, material management, event management, etc etc. More & more stone walling, bad mouth, attack will corrode, dissolve, destroy the temples that did some good or other.

 

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By the way, building temple is not a big art today. So manynew temples have come up. One can silently explore the new avenues & not contribute to the old instead of causing pain to the old. - The filthy water will harm one's clothes only when one stands near it, a stone gets thrown into it (water is disturned in any way). What, if one avoids the pool/pond? There will be no trouble at all. The filthy water will seep into the ground & recharge, feed the plants around etc. Trees are homes for birds, ants etc etc etc. Mankind will also get Oxygen! Why spoil all that?

 

However, the creations of the present generation NEED BE MADE THE PERFECT, ABSOLUTELY TRANSPARENT, ACCOUNTABLE, FAIR entity that is being talked about, ALL AS A MATTER OF RIGHT. Everyone need get the dues for blood, sweat etc etc. We should definitely involve all the legal luminaries, well meaning society & evolve the New Temples.

 

In the context of what has been discussed, it is earnest prayer that there not be any discrimination, reverse discrimination on any one in the Today's temples (& even in those that the politicians, parties, society ascribe, accept so) for factors that are beyond one's control.