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Plea to Dr. APJ
Abdul Kalam, President of India
Subject:
Your action to end
subversion of Constitution by AP and illegal mass sale of temple
lands and demolition of Hindu religious infrastructure is requested.
With Karnataka High Court’s landmark verdict against Govt. control of
temples, the jurisdiction of Hindu "devasthans" and "teerthasthans"
should be transferred to a Waqf- like Hindu Board.
Hon'ble President,
The Andhra Pradesh
Govt., in continuation of its deliberate crusade against the Hindu
religious establishments, has decided to "entrust temple lands in
urban areas to urban development authorities for dividing them into
plots for quick auctioning.” (attachment A). The directive seems to be
a pre-emptive measure for selling all endowment lands before the
inevitable denationalization of temples, in view of the Karnataka High
Court’s landmark verdict. That judgment struck down the "Hindu
Religious Institutions and Charitable Endowment Act, 1997 as
unconstitutional" stating that the legislation violated Articles 14,
25 and 26 of the Constitution which provided for right to equality,
freedom of conscience and freedom of profession, practice and
propagation of religion and also the freedom to manage the religious
affairs (Attachment B).
Anti-
Hindu elements seem to have spearheaded the fast, illegal and highly
questionable land sales:
Following the Karnataka HC verdict that the state control of temples
is unconstitutional, the Endowments department of AP requested the
"government to permit handing over urban lands to institutions like
Huda (Hyderabad Urban Development Authority), Vuda (Visakhapatnam
Urban Development Authority) and the like,” to divide them into plots
for auctioning. Hence the in-charge administrators of these
entities have made themselves responsible for participating in illegal
ventures undertaken by an anti-Hindu Govt. in office.
Instead of putting a freeze on such activities and form
a Hindu body to assume the jurisdiction of temples, the authorities
who had utterly failed to deliver on their responsibilities, have
unilaterally and without any legitimate authority decided to sell the
estates thereby
destroy the only life support system of temples.
The
excuse that the decision in favor of sale was taken, in view of the
increasing encroachment upon the temple lands in urban areas and
official inability to stop illegal occupation, is simply frivolous and
shows the outright failure of the Govt. to enforce law. It also shows:
a)
the fact that
even with huge battalions of staff for oversight, protection and
management the Govt. could not or did not protect the temple lands
and; b) proves either incompetence, indifference or both of the
authorities in delivering their responsibilities. Such an
irresponsible establishment cannot and must not under any
circumstances be trusted to handle these centuries’ old estates and
temples belonging to Hindu community.
Without any doubt
such public assaults by the Govt. upon Hindu places of worship and
their estates were conducted to penalize and shackle Hinduism.
Consequently from the Hindu stand point they
have created a “national emergency” for the entire Hindu samaj.
The suppressive AP govt. by taking temples under its control and
selling their estates has blatantly disregarded and seriously violated
the principle of separation of state and religion. Its undeclared
policy seems to be that of allowing Hinduism to survive under the
mercy, dictates and direction of the state.
To put it simply the
pseudo-secularists are taking charge of re-interpreting Hindu faith,
reshaping Hinduism and redesigning its future. But sadly enough they
do not realize that “discrimination, suppression and high handedness”
serve as the host of many future troubles and upheavals.
Shocking Reverse
Discrimination:
How corrupt, dishonest and disgraceful it is that on the one hand the
Indian Govt. subsidizes the "Hajj" pilgrimage of the Muslims to the
tune of Rs. 200 crores annually, provides Rs. 1,000 crores per year
for Imams salaries, churches are supported on taxpayers expense in AP,
reservations are offered on the basis of minority status, but on the
other hand the AP authorities are crusading to stealthily destroy the
self- supporting foundations and structures of Hindu places of worship
through state control.
Democratic and secular governments do not patronize or penalize
religions. Such extra legal actions constitute a reverse
discrimination against the religion of India’s majority community
which must be done away with.
Injurious
Endowment Governance:
There prevail serious charges that 85% of temple revenues are
illegally transferred to the state exchequer for funding a fat-filled
ministry with 77,000 bureaucrats to supposedly manage 33,000 temples
while leaving many pujaris penniless and starving. Recently, the AP
Govt. engineered the entry of JRG Wealth Management Limited, an
organization owned by Christians, into the decision making and
procurement process of "Prasadam" materials for use in Tirupati
temple. Furthermore, the criminal destruction of centuries old
historic 1,000 pillar Mandapam at TTD with official participation has
been universally condemned by all Hindu ranks and has generated
enormous resentment!
Unwarranted
& illegal actions by Govt.:
Against the spirit of the law, strong
opposition and wishes of the Hindu community the AP government wants
to: a) take away Rs 500 crores from TTD (Tirupathi Tirumala
Devasthanam) supposedly for irrigation projects on top of the Rs.1,500
crores it already owes them; b) build a
ropeway at TTD for turning the sacred shrine into a tourist attraction
thus commercializing and desecrating the deeply revered shrine
and vitiating its religious sanctity; and c) takeover the 500 year old
Chilkur Balaji temple so efficiently run by the pujaris and locals.
These highly provocative, unsettling and expeditious measures amongst
many others, are being taken without any public debate or the approval
by the Hindu community, who are the legal owners.
AP Govt.
oblivious of their duty: The state
authorities seem oblivious that under the provisions of the Indian
constitution, controlling, discriminating, managing, reforming or
patronizing religions is completely and fully out side the parameters
of government jurisdiction.
Any diversion of
revenues, major changes in physical structures, sale/ transfer of
lands and properties e.g. the proposal for land for a Church atop
Tirumala, ropeway at TTD, religious practices or major projects like
the "Master Plan" at TTD must take place only upon the express
approval by the Hindu community.
The Indian Parliament
adopted a law in 1991 specifically
requiring that –“the status of religious places, as on August 15, 1947
shall be retained". This pre-emptive measure was taken by the national
legislature anticipating possible dishonorable designs of trouble
makers and anti- national elements in various administrations. A
faithful implementation of these laws will require removal of
unconstitutional govt. control upon Hindu temples and their estates
and the restoration of the community based management.
It is baffling to
note how the AP State legislature adopted laws on temples
: a) that violate Articles 14, 25 and 26 of the Constitution which
provided for right to equality, freedom of conscience and freedom of
profession, practice and propagation of religion and also the freedom
to manage the religious affairs ; b) that violate intent of the
Parliament on maintaining status of religious places; and, c) that are
against the universally accepted norms in all free and democratic
societies.
Two major HCs of
India (Karnataka & UP) in their landmark decisions have held
that the management
and administration of the religious institutions, their estates and
places of worship, must reside in the hands of the representative
bodies of the believers.
For instance: how would Sikhs (Golden temple), Muslims (Jama Masjid,
Ajmer Sharif) or Christians react to Govt. control of their places of
worship? Such an intrusion by the authorities in otherwise an
autonomous domain could constitute a serious charge against the state
itself for being a leading instrument of dismantling Hinduism.
Patronizing Churches
violates Constitution
:
By allocating the taxpayers funds to patronize a particular religion
and its places of worship, AP Govt. is committing flagrant violation
of the secular constitution of India and utterly disregarding the
policy of separation of state and religion. Whether AP ministerial
team realizes it or not, this is exactly what is happening in Andhra
Pradesh. The govt. has issued a specific GO Ms No. 21, stating that Rs.
80,000 will be provided to each church for repairs and renovation
purposes, and Rs.1.50 lakh as grant-in-aid per church for constructing
new churches (Attachment C). Thus a pivotal requirement of a secular
Govt. system that the churches (religion) will constitute no part of
official domain has been blown into thin air
CM's personal faith
seemingly influences
him to ignore his oath to uphold the secular Constitution. This
negative behavior has transformed AP into the leading state in the
country to target Hindu infrastructure for demolition.
On the basis of the clear cut verdict by the Karnataka HC the AP Govt.
too has no alternative except to hand over temples and endowments to
an autonomous Hindu board. Such practice is already in vogue and
permissible in the case of other religions. The Waqf Board of Muslims
and the management of Christian churches and religious institutions
have vast funds, properties and endowments, in addition to the immense
flow of foreign funds - yet their independence and autonomy are left
intact!
Formation of an
Autonomous Hindu Board:
For rectifying these historic blunders, may we suggest that
representatives of shrines, temples, Hindu community and religious
leaders from Dharma Sansad, Hindu Dharma Acharya Sabha, etc. be
motivated to convene an assembly for clearly defining the new legal
and organizational framework ensuring community governance of temples
and other religious places. Such an approach among other things should
make the proposed Board completely autonomous and thereby responsible
and accountable for the entire administration, including planning,
executing, auditing, guiding, investigating and taking corrective
steps as and when needed.
The Karnataka HC also
said
that the government could have a commission constituted for temple
affairs and involve Hindu religious leaders, social reformers and
other experts and thereafter proceed to pass a uniform law (attachment
B).
Allahabad High
Court's directive for a Board could be a guide:
In regard to the management and governance of Hindu religious
institutions, the Allahabad High Court's recent directive to the
Central and Uttar Pradesh authorities (attachment D) to prepare a
scheme for constituting a Board of representatives of Hindu religious
organizations on the pattern of the UP Muslim Waqf Board could be a
guide for AP authorities as well. This decree by the said judicial
body has been widely acclaimed as a welcome development.
Hon'ble President, as
guardian of the Constitution, may we request you,
in the national interest, to direct the AP Chief Minister to end
subversion of Constitution by penalizing and patronizing religions,
stop illegal initiatives against Hindu religious institutions and
:
1) take guidance
from the Karnataka HC verdict which declared Govt. control upon
temples as unconstitutional, and a) adopt a hands off policy on
endowments and b) take urgent steps for denationalization of
temples ;
2) Withdraw with
immediate effect the proposal to dispose off temple lands in urban
areas through urban development authorities; and b) place a freeze on
non- essential activities and plans.
3) constitute a Waqf
like Hindu Board, as decreed by the Allahabad High Court, for
overseeing the management of Hindu religious institutions etc.;
4) Stop violating
the Constitution by funding construction, repairs and renovations of
Churches at the taxpayers' expense, or by money diverted from Hindu
endowments and trusts directly or indirectly.
5) For the transitional period, have the Hindu community appoint a
committee, nominated by Acharya Sabha, Dharma Sansad, social
reformers, experts, etc. to a) oversee the endowment department ;
b) ensure transparency, c) protect temple lands and assets; and d)
assure proper utilization of revenues, till the denationalization of
Hindu institutions is realized.
Sir, we request for
your help in resolving these important yet contentious issues on a
priority basis. It is a matter of national disgrace that India,
boasting to be the largest secular democracy and aspiring to be a
member of the UN Security Council denies its own national majority
community the human right of religious freedom
Sincerely,
Dr. Jagan Kaul
Krishan Bhatnagar
Hindu Jagran Forum (USA)
September 17,
2006
Attachment A
Let Huda
sell our land: Endowments
Deccan Chronicle, Sept 11, 2006
Hyderabad, Sept. 10:
The endowments department has proposed to the government to entrust
temple lands in urban areas to urban development authorities to
develop them into plots and auction them, an official said.
“We have land and they
have expertise. We have requested the government to permit handing
over urban lands to expert institutions like Huda (Hyderabad Urban
Development Authority), Vuda (Visakhapatnam Urban Development
Authority) and the like,” endowments commissioner Dinesh Kumar told
this correspondent.
One official estimated
that the department could earn over Rs 800 crores from the auctions.
The endowment department took this decision in view of the increasing
encroachment of its lands in urban areas and its inability to stop it.
The department has previously sold some lands through public auction
to encouraging results, but the experiment was limited.
Out of the 7,441.99
acres and 7,72,721 square yards [the land in acres refers to large
chunks of land while the figure in square yards are bits less than an
acre] of prime lands belonging to different temples in Visakhapatnam,
Kakinada, Guntur, Kurnool, Warangal and Hyderabad, almost one-third
have been encroached upon or are caught in legal wrangles. According
to Mr. Kumar, the AP High Court had in one instance stopped
regularization of lands both in rural and urban areas but permitted
the auction of endowments properties.
Officials cite some
successful auctions. The management of Sri Venugopala Swamy Temple in
Nellore auctioned 52 acres of land in February and earned Rs 10.78
crores. The financial position of some temples including Bhavanarayana
Swamy Temple in Chinnaganjam village improved after lands were leased
out through public auction. A tenant, T. Anjaneyulu, who paid Rs
29,000 for lease of five acres last year bid for Rs 52,000 this year.
Sources in the
department confirmed that about 6,000 acres of urban lands had been
identified for public auction in a phased manner and the government
has given a green signal. In Hyderabad district, the department owns
1,194 acres and 7,56,989 square yards of land, 4,609 acres in Vizag
city, 219 acres plus 15,732 square yards in Kakinada, 429 acres in
Guntur, 320 acres in Kurnool and 670 acres in Warangal.
According former
endowments commissioner A.B. Krishna Reddy, the department had made
the proposal because “It’s difficult to protect prime land in urban
areas. The land sharks are taking advantage of the lack of security
and legal loopholes.” The department has sold land in both rural and
urban areas. Recently, panchayat raj and endowments minister J.C.
Diwakar Reddy had said that 521.37 acres belonging to the Hathiramji
Math were sold through public auction.
Elsewhere, the income
from the lease of temple lands and buildings is meagre. In Prakasam
district, the department gets Rs 3.94 crores per year on 13,962 acres
and in Nizamabad district, about 2 lakh per year and 91 kgs of paddy
on 106 acres. A farming society in Nellore has failed to pay lease for
60 acres of land worth Rs 1.5 crores belonging to Sri
Kodandaramanjaneya temple in Gudur. The society took the land known as
Polayakunta in 1968 on lease for three years but is still sitting on
it. When department officials tried to take action they were stalled
by local legislators.
http://www.deccan.com/home/homedetails.asp#Let%20Huda%20sell%20our%20land:%20Endowments
Attachment B
HC
strikes down Act on temples
http://www.deccanherald.com/deccanherald/sep92006/index20595200698.asp
DH News Service
Bangalore:
Deccan Herald, September 09, 2006
A division bench comprising Justice R Gururajan and Justice C R
Kumaraswamy struck down the Act stating that the legislation violated
Articles 14, 25 and 26 of the Constitution which provided for right to
equality, freedom of conscience and freedom of profession, practice
and propagation of religion and also the freedom to manage the
religious affairs. The order will come into effect prospectively.
The Karnataka High Court on Friday struck down the Karnataka Hindu
Religious Institutions and Charitable Endowment Act, 1997 as
unconstitutional pointing out that its provisions amounted to
“dividing Hindu religion.”
A division bench comprising Justice R Gururajan and Justice C R
Kumaraswamy struck down the Act stating that the legislation violated
Articles 14, 25 and 26 of the Constitution which provided for right to
equality, freedom of conscience and freedom of profession, practice
and propagation of religion and also the freedom to manage the
religious affairs. The order will come into effect prospectively.
The bench also side aside an order of a single judge who had upheld
the constitutional validity of the Act last year. Several trustees of
the temples and archaks had challenged the order contending that the
Act divided the Hindu community, besides denying the right guaranteed
under the constitution to establish and manage religious institution.
The court, in its 176-page order, observed that keeping out Maths and
denomination temples from the purview of the Act amounted to violation
of Article 14 of the Constitution. “Religious denomination does not in
any way stand on a different footing than other temples,” the court
observed and said the state has to justify its action of exclusion of
Maths in the Act, which were earlier included in local Acts.
The court said the Act defined Hindu as not to include Sikh, Jain and
Buddist contrary to constitutional provisions. “Hindu religion is
already divided by way of castes and sub-castes. Now the state wants
to divide Hindus by excluding Jains, Sikhs in terms of a statute”, the
court observed. Regarding the provision in the Act, which makes it
mandatory for a notified temple to contribute 5 per cent of its total
annual income to the “Common Pool Fund”, regulated by the Endowment
Commissioner, the court said there cannot be compulsion only for Hindu
temples to provide assistance to institutions of other religions.
“Devotees of Hindu temples provide money for temple purposes and it
cannot be spent for non-Hindu causes,” the court observed.
The court said the
government could have a commission constituted for temple affairs and
involve Hindu religious leaders, social reformers and other experts
and thereafter proceed to pass a uniform law.
The government can also think of having different regulatory measures
for temples, maths and Jain institutions depending on their religious
beliefs within the provision of the Constitution. “We deem it proper
to observe that the government would be doing a great service to Hindu
society by eliminating all evil corrupt practices, if at all,
prevailing in Hindu institutions. This would go a long way in Hindu
temple reformation,” the court observed.
Attachment C
Chief
Minister Y S Rajasekhar Reddy okays public money for Churches
Deccan Chronicle, August 23, 2006
Nizamabad, Aug. 22: Chief Minister Y.S.
Rajasekhar Reddy has decided to sanction grant-in-aid to old churches
for repairs. Similarly, grant-in-aid would be sanctioned to new
churches. He is the first chief minister to take the decision to give
a facelift to abandoned churches. State Government has issued a
specific GO Ms No. 21, stating that Rs. 80,000 will be sanctioned to
each church for repair and renovation purposes, and Rs.1.50 lakh for
constructing a church in the shape of grant-in-aid.
Repairs and renovation of abandoned churches and constructing new
churches would be taken massively in the State. The responsibility to
promulgate these orders was allocated to the Minorities Welfare
Department. Mr M.S. Parvez, district minorities welfare officer, told
this correspondent that the GO was communicated to all 36 mandal
parishad development officers of the entire district. According to the
GO, the concerned MPDOs could invite proposals for churches from
church authorities for repair and renovation, and also invite
proposals from church preachers to construct new churches, in their
jurisdictions.
He also said that the proposals, which the MPDO receives, should
include a blueprint copy of the plan, detailed estimate in original,
duly approved by the mandal engineer, a letter of permission and
recommendation by the panchayat authorities for the construction of a
new church, representation on the letterhead of the Church Committee,
documentary evidence of the property of the church in case of new
construction. Rev. T. Bhasker, District Churches Council, Nizamabad
said that 300 churches were spread over in the district with a 100
year history. Of them, 200 are in poor condition and some churches had
already collapsed.
Attachment D
Make Waqf-like
board for Hindu religious bodies: HC
Press Trust
of India
Allahabad, June 6, 2006
http://www.hindustantimes.com/news/181_1714562,000900010004.htm
Hindustan Times
The Allahabad High Court on Tuesday asked the Centre and Uttar Pradesh
to prepare a scheme for constitution of a Board for Hindu religious
organisations on the pattern of the UP Muslim Waqf Board. Passing the
order, Justice SN Srivastava said the Board so constituted shall be an
autonomous body and it will register all such religious and charitable
establishments and endowments according to the norms represented by
mutts, monasteries, temples and religious and charitable trusts or
societies, as the case may be, through their heads.
The Centre as well as the state government may also frame schemes for
providing minimum wages and other welfare measures for those working
in temples, the court added.
The judgement was passed on a writ petition filed by Shree Satya
Narain Tulsi Manas Mandir at
Varanasi.
The court said that the schemes so framed may be placed before the
court on September nine.
The court was of the view that though provisions of Minimum Wages Act
were not applicable to temple as it is not an industry, fair wages
cannot be denied merely on the ground that the establishment or
institution is of a religious or charitable nature or that persons who
are engaged are 'sevadars' or employees at the pleasure of management. |
