Memorandum to Shri Nitish Kumar, Chief Minister, Bihar  

Subject: Govt. control of Hindu religious infrastructure is:  a) the instrument of decimating Hindu religion and culture; b)  It is anti-Hindu, anti-secular and amounts to suppression of  Hindus right of religious freedom; and c) Jurisdiction of temples should be transferred to a Waqf- like Hindu Board.

Hon'ble Chief Minister Nistish Kumar,

Your announcement on the Independence Day that establishing the rule of law in the state is your government's top priority is highly appreciated so is your initiative for new fast track courts in Bihar that meet out justice quickly. However, we must draw your attention towards the Bihar Endowment Department's failure to manage Hindu temple endowments in a befitting manner. According to Kishore Kunal, Religious Trust Administrator, "We are yet to make a full assessment, but it is estimated that the worth of lost properties of temples could go beyond Rs. 2,000 crores (US$454 million) ... the Trust came across serious irregularities in the management of several temples, mutts and trusts, which over the years have slipped into the hands of criminals masquerading as priests and swamis." (attachment A). It is reprehensible that the Hindu religious infrastructure is robbed and demolished under the trusteeship of the Govt. when the official take over of temples and their estates was supposed to mean better protection and transparent and efficient management. 

 Govt. control of temples equals to "denial of freedom of religion”.  The Govt. control of Hindu temples is in itself deeply outrageous, unconstitutional and revolting in a society claiming to be free, secular and democratic. The secular constitution of India does not permit such infringement by a state authority. The illegally enforced nationalization of temples obliterates the boundaries of separation between state and religion and indicates official contempt for such separation.  The custodians of law in the state have failed to realize 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. 

 Therefore, to correct this highly provocative transgression and illegal extension of state power the jurisdiction of temples should speedily be transferred to a Waqf- like Hindu Board. Some of the superior judicial authorities of the land have already upheld such a transformation. (Attachment B). A socially conscious and dedicated Board, utilizing temple resources and donations, could among other things develop a vast network of educational institutions, medical facilities and orphanages for the benefit of the community, as is done by missionaries. 

Some basic questions: Hon'ble Chief Minister, there are some basic questions that need to be considered while dealing with this issue. What legal authority, background, specialization and competence do the govt. operatives possess for controlling every aspect of these Hindu cultural centers?  Why not allow an autonomous Hindu board to govern temples under the guidance of religious leaders, just as in other religious formations? In spite of their vast funds, properties and endowments in addition to the immense flow of foreign funds the Waqf Board of Muslims and the management of Christian religious institutions enjoy full freedom, self governance and autonomy. Why are only the Hindu religious centers and their priests targeted for being kept under the over lordship of the Govt.?

 In general, the Govt. is charged with the responsibility of upholding the law but in the present case the state has seriously violated the constitution by: a) denying Hindus  their fundamental “Religious Rights’ guaranteed under Articles 25 and 26 of the Indian Constitution (which guarantee to public the establishment and maintenance of religious institutions; to own and acquire movable and immovable property;  and to administer such property in accordance with law); and, b)  gross misuse and abuse of state powers under Concurrent List (Article 246 (2) , Seventh Schedule) on religious institutions by unwarranted acquisition of temples and squarely discriminating against Hindu religious institutions, leaving Christian, Islamic and institutions of other religious formations free from Govt. interference.
 
Anticipating possible dishonorable designs of trouble makers and anti- national elements in various administrations the Indian Parliament through an Act in 1991 specifically legislated that –“the status of religious places, as on August 15, 1947 shall be retained".  A faithful implementation of these laws will require removal of unconstitutional govt. control upon Hindu temples. However, the Bihar state Govt. seems to have failed to take note of this legal requirement.

In utter disregard towards these legal and constitutional considerations, it is baffling to note how the Bihar State legislature could pass and continue with laws on temples that : a) are violative of the Constitution; b) infringe the clearly expressed will of Parliament;  and, c) are against the universally accepted norms in all free and democratic societies?

 Vital Functions of Temples denied: The temples are not just for rituals by purohits but also the centers of community's socio-cultural and religious life. They are a place of learning from Acharyas various facets of community sewa, dharma prachar and character building. The exposition of the grandeur of Hinduism - its Vedas, Upanishads, Ramayana, Mahabharata, the Bhagwad Geeta - its glorious ancient culture, spirituality and values that the community would like to project and propagate - have been denied by state control. Further, the Govt. mismanagement resulting in deliberate and irreversible liquidation of endowment lands, meant for sustenance in perpetuity would lead to the detriment of the community and bring these most important functions to an end.

 Our contention encompasses the legal and philosophical commitment of the secular Indian State - 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. 

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. 1000 crores per year for Imams salaries, and reservations are proposed on the basis of minority status, but on the other hand the Bihar authorities are crusading to stealthily destroy the self- supporting foundations and structures of Hindu places of worship under 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.

 The fact that even with huge battalions of staff for oversight, the Govt. failed to protect the temple lands from illegal occupation , and temples and Mutts from slipping into the hands of criminals masquerading as priests and swamis, simply proves either incompetence, indifference or both of the authorities in delivering their responsibilities. Having fully established that an irresponsible trusteeship agency has utterly failed to protect, administer and safely handle these centuries old religious entities strengthens the case for their reversion back to the Hindu community.

 Compensating the community for damages: Hon'ble Chief Minister, India was once Asia's cultural capital, spreading eastward our influence through languages, art, culture and more importantly through Hindu and Buddhist philosophies. However, alien sponsored anti-Hindu campaigns followed by the state control of religious entities have robbed the community of its ability to launch cultural initiatives. The usurpation of temple resources by the state has resulted in  cultural stagnation and decline in the spread of Hinduism. Hence, they will greatly appreciate your initiative as a way to start compensating them if you sanction a Nalanda type Hindu cultural center and University managed by an autonomous body of eminent community scholars and experts. Such a step could be in the right direction, for it will enhance the interests of both the community and the nation. 

 Note should be taken of the fact that Western & Muslim Universities have departments of divinity to educate and train priests and preachers in Christianity and Islam. Mr. Mulayam Singh, Chief Minister UP, has already sanctioned a University in Rampur for Urdu, Persian and Arabic, and Mr. Mufti, the former Chief Minister J&K had approved the establishment of an Islamic University in Kashmir. Accordingly there should be no political hindrance or legal roadblocks in establishing a cultural university for Hindus. 

 Dharma prachar by liberated temples could help alleviate Lawlessness in Bihar: Sir, we firmly believe that the destabilizing lawlessness in Bihar is partly due to suppression of the prachar of peaceful Hindu dharmic philosophy and by encouragement of anti- national and divisive elements like Naxalites, Maoists and Jihadists on the other hand for vote bank politics. The liberation of temples and sanctioning of a Hindu cultural University to propagate dharmic education should go a long way in instilling the value of law and order in the public psyche.

A Hindu community Board of reformist orientation could soften the intensity of casteism and possibly help in eradicating this divisive custom. Such a progress will remove one of the major hurdles that keeps Bihar from social and economic progress. As is well understood casteism has been further encouraged by political and minority horse traders who thrive on social fragmentation caused by castes. The Dalits are an integral part of the Hindu society. Yet  some of the ill practices, traditions and social evils persistent in the Hindu society resulted in to the practice of untouchability which in turn has brought havoc on them and deprived the Hindu community of its unity. This volatile phenomenon could be alleviated through awareness campaign spearheaded by the liberated temples with reformist background and many Dharma Acharyas who are dedicated to social cohesiveness. We may point out that before his politically motivated arrest, the Kanchi Shankaracharya, used to frequently visit Dalits in their colonies and facilitate their participation in joint religious ceremonies. By so doing he was bringing down the artificially erected social barriers in search of much needed social and national unity. 

Hon'ble Chief Minister, it is disgraceful that the state of Bihar still allows the enforcement of draconian laws to control temples, mutts and trusts. 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. This body’s jurisdiction could also include training priests and constructing a religious based curriculum. 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.

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 B) to prepare a scheme for constituting a Board of the representatives of Hindu religious organizations on the pattern of the UP Muslim Waqf Board could be a guide for Bihar authorities. This decree by the said judicial body has been widely acclaimed as a welcome development.

 Hon'ble Chief Minister, 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.  To redress these disturbing grievances and possibly help alleviate a lawless environment by creating a peaceful social outlook, may we request you to:

 1) Initiate urgent action to: a) restore alienated lands back under the possession of the temples, trusts and mutts; and, b) remove any criminals who masquerading as priests and Swamis have taken over these institutions. The usurpers of lands and temples could be referred to the fast track courts, for quick redressal.

2)  Constitute a Waqf like Hindu Board, as advised by the Allahabad High Court, for overseeing the management of Hindu institutions. As an NGO, with temple funds and donations, the Board could develop a network of educational institutions, medical facilities and orphanages for the benefit of the poor. 

3) appoint an advisory interim Hindu Council, with representatives from the community, from Hindu religious organizations like Dharma Sansad and Hindu Dharma Acharya Sabha etc., and from Govt. :  a) to advise the Chief Minister; b) for oversight and guidance of Religious Trust department,  to ensure transparency and operation of temples according to the wishes of the community till denationalization; c) to find the current status of temples, mutts and trusts under the endowment Trust; d) to help protect religious assets ;  and e)  to ensure smooth transition to an autonomous Hindu Board. 

Taking these measures on way to the complete liberation i.e., de-nationalization of Hindu religious shrines is absolutely necessary for providing necessary relief to the Hindu community against the damages caused by ill-advised and unconstitutional Govt. control and nationalization of Hindu religious institutions including the temples and their estates.  

 Hoping for a prompt action and response. 

With best wishes,

Sincerely,   

Dr. Jagan Kaul   
Krishan Bhatnagar  
Hindu Jagran Forum (USA)
September 05, 2006  

Attachment A

Accusations of Irregularities in Bihar's Temple Properties
epaper.hindustantimes.com

PATNA, INDIA, August 7, 2006: According the Bihar State Board of Religious Trusts, there are serious questions of irregularities regarding the loss of properties belonging to temples. Kishore Kunal, Religious Trust Administrator says, "We are yet to make a full assessment, but it is estimated that the worth of lost properties could go beyond US$454 million." Kunal says the Trust came across serious irregularities in the management of several temples, mutts and trusts, which over the years have slipped into the hands of criminals masquerading as priests and swamis. "The alienation of property has taken place in three ways -- sale, lease and forcible occupation by persons with criminal antecedents," said Kunal, adding that it was a violation of Section 44 of the Bihar Hindu Religious Trusts Act 1951.

Attachment B
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.