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Letter
to Dr. APJ Abdul Kalam, President of India
Subject: Please intervene to stop imminent sale of 3000 acres of temple
lands in East Godavari district against the wishes of the Hindu Community. AP
Govt. as trustees, must be accountable to Hindu "samaj"
Hon'ble President Kalam,
The Andhra Pradesh Govt., in continuation of its deliberate crusade
against the Hindu religious establishments, has decided to sell the remaining
3,000 acres of temple endowment lands in East Godavari district on a war footing
(attachment A). This expeditious measure, being taken without public debate and
approval of the Hindu community, on whose behalf the Govt. acts as trustees is
highly distressing. The statement by the Endowments assistant Commissioner that
"they could fulfill the ideals of donors by doing so" is untenable. Only the
community could decide it. The Govt. management of temples is arbitrary and
discretionary without transparency or community involvement. It seems that there
exists an anti Hindu zeal in the state administration - therefore, rather than
modifying the state laws to protect the endowments, they are using a Supreme
Court judgment as a tool for demolishing the Hindu religious infrastructure. Mr.
President, your immediate intervention is needed to direct the Govt. to freeze
the sale of all lands and properties till the temples are reverted to the
community and rescind the previous sales.
Flagrantly trampling upon the very basic principles of secularism
requiring separation of state and religion - a worldwide norm in all democratic
and open societies, Hindu temples and endowments were nationalized in Andhra
Pradesh and many parts of India with the promise and premise of an open,
transparent and an efficient management. But alas, the Govt. performance
fundamentally defied that claim. The sweeping nationalization of temples is also
squarely discriminatory against Hindus, while the minorities such as Muslims and
Christians govern their places of worship.
Half of the temple lands in the East Godavari District have already been
sold, while the remaining 3,000 acres are awaiting auction "on a war footing"
which will make all temples in the district totally devoid of any endowment
lands for sustenance. Such a crash sale of the lands that have been there for
decades and perhaps centuries makes the intent of the decision suspicious. Are
the authorities trying to hide the incompetence in keeping lands from illegal
occupation or disposing them for political, financial motivations, or by an
anti- Hindu bias to encourage minority adversarial faiths and present the land
disposal to the community as a fait accompli? Such actions give credence to the
allegation that the Chief Minister, Dr. Samuel Reddy sees the Hindu
infrastructure through the prism of his personal faith rather than a protector
of all faiths.
These actions seriously jeopardize the preservation and propagation of
Hindu cultural and spiritual values and therefore, call for the total withdrawal
of the state from controlling the Hindu religious entities. The apparent
argument that the dismantling of the fabric of the centuries old and time
-tested structure of Hindu system of worship (by taking away temples'
sustenance) is necessary for uplifting the poor, and the selling of the
remaining 50% lands for a few crores of rupees will help the temples is flawed.
Why have even half of lands been sold in a hurry without the community's
approval who are the real owners of the endowments? The state has failed even to
give any logical explanation in support of such illegal and unconstitutional
activities. Under these circumstances not only should the present sale be
stopped forthwith but the previous sale of half of the lands must be also
rescinded.
It may be noted that AP has perhaps the largest ministry of 77,000
bureaucrats to manage some 33,000 temples. There are also allegations that the
Govt. siphons away 85% of temple revenues to the state exchequer for the upkeep
of the ministry, leaving pujaris to starve. Sometime ago it was reported in
media that the Govt. had yet to reimburse Rs. 28 crores to the endowments
department for lands they acquired for Police stations, bus stands, etc. The
record of the state is highly anti- Hindu with seeming intent to demolish the
Hindu religious infrastructure (attachment B). The management of temples is non-
transparent. It aims at keeping the community in the dark about its assets as
also about the financial and religious management of the temples and their
estates.
The state has seriously violated the constitution : a) by denying Hindus
their fundamental "Religious Rights' guaranteed under Articles 25 and 26 of the
Indian Constitution to establish, maintain religious institutions; to own and
acquire movable and immovable property; and to administer such property in
accordance with law.; and b) by gross misuse of state powers under Concurrent
List (Article 246 (2) , Seventh Schedule, List 3 - item 28) on religious
institutions by unwarranted acquisition of temples and squarely discriminating
against Hindu religious institutions (attachments C1 and C2).
Further the Indian Parliament through an Act in 1991 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 govt. control upon
Hindu temples which then could be transferred to the jurisdiction of an
autonomous Hindu Board. For any potential allegations of mismanagement, legal
avenues are available to government e.g. the administration could appoint
auditors and make specific recommendations for transparency and accountability
rather than usurping places of worship.
Sir, 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. Why not allow an autonomous Hindu board to govern
temples under the guidance of religious leaders, just as it is 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 is left intact!
It is baffling how the AP assembly could pass legislation which is
violative of the Constitution and also against the accepted norms in all free
and democratic societies. Most importantly it is applied discriminatively only
to Hindu temples, and amounts to suppression of Hindus human rights of religious
freedom. As proven by their injurious governance, the state legislature may have
passed the measure to takeover temples on the basis of misinformed and biased
voting or for political, financial and anti- Hindu interests in endowments. Our
contention is corroborated by the passage of an illegal Bill in AP Assembly for
religion based reservation for the Muslims in AP, which was declared
unconstitutional and therefore, overturned by the Supreme Court
Sir, Govt. control is causing effective de- Hinduisation of the temples.
The temple is not just for rituals by purohits and for tourist curiosity that
the government wants to project but also the centre of community's
socio-cultural life, a place of learning with Acharyas, for community sewa,
dharma prachar and for character building. 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 can only be done under a devoted Hindu religious governance, without
the interference by the state.
Given the Govt.'s mission of anti-Hinduism every place of Hindu worship
and reverence is now under attack in Andhra Pradesh (attachment B): The
regressive state control has seriously interfered in the spiritual and cultural
activities, violated religious sentiments, and suppressed Hindus human right of
religious freedom. At the cost of the temple revenues the state has built and
maintained a large endowments bureaucracy while the pujaris have been left to
starve. All this violation and disrespect of Hinduism is taking place while its
perpetrators hide behind the cover of secularism and democracy. Can the Indian
authorities dare to formalize and enforce a similar takeover plan for Jama
Masjid, Churches of India or Golden Temple and will the Muslims, Christians and
Sikhs permit it? Obviously the answer is an emphatic no.
The fury in the Islamic world over Prophet Mohammed's cartoons should
serve as a serious warning against desecration and demolition of Hindu
institutions by the state and against offensive acts like selling of endowment
lands meant for temples sustenance in perpetuity. Further, terrorist attacks
from Raghunath temple to Akshardham and from Ayodhya to Sankat Mochan at
Varanasi and Govt's inability to safeguard them on the one hand and government's
deep appeasement of minorities on the other, are causing deep resentment amongst
the majority community.
Sir, some of the Indian rulers seem to have set out to achieve the goals
that the tyrannical Muslim invaders could not i.e., the death and destruction of
Hindu India. It is also ironic that the systematic campaign to demolish Hindu
religion in India should progressively continue while the Hindu India popularly
known as "Hindustan" is ruled by a Muslim President, a Christian Parliamentary
and UPA Leader, a Sikh Prime Minister and Christian Chief Ministers whose own
religions are assault free and therefore, they do not have sufficient incentives
or need to intervene. Nonetheless, should they continue their utter disregard
and indifference towards enforcing the principles of secularism in defense of
the majority community's religion when they are at the top positions, such
inaction would have the potential of triggering a massive backlash.
It is a matter of serious concern that central and state governments have
joined hands and launched an unprecedented assault on the founding and
functional pillars of the national majority's religious heritage, because only
the despotic, dictatorial, autocratic, colonial, imperialist, and inhuman
regimes could act this way. Violation of majority's freedom for managing its
places of religious worship and continuing intrusion and imposition of
governmental dictates in an otherwise autonomous domain, will justify the charge
against the state of being anti- Hindu and anti-national for shackling and
debilitating Hinduism -a faith that is the single most important unifying factor
in India's body politic.
Hon'ble President, it is a matter of national shame that India boasting
to be the largest secular democracy deprives its own majority community the
human right for religious freedom. In view of the serious concerns on the future
of temples by sale of endowment lands, may we request that the AP Govt. be
directed: a) to freeze all sales of endowment properties and lands till their
reversion to the community and to rescind the earlier sale of half of the lands;
b) to modify the 1987 Act in order to denationalize and allow autonomy of all
Hindu temples in the state as is the case for other religious institutions, and
enabling formation of a Hindu Board to oversee temples management; and c) .to
co-opt a Hindu Council , nominated by Hindu organizations like Dharma Sansad and
Hindu Dharma Acharya Sabha for guidance of endowment department till
denationalization to avoid such unconscionable and unconstitutional acts that
will cause further resentment and inflame communal tensions.
Thanking for your time and requesting for your immediate intervention
Sincerely,
Dr. Jagan Kaul
Krishan Bhatnagar
Hindu Jagran Forum
March 21, 2006
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Attachment A
Temple lands ready for sale
Deccan Chronicle
http://www.deccan.com/
Rajahmundry, March 14: The Endowments department will be going for an
open auction of its lands to the tune of 3,000 acre from April to June in East
God-avari district to safeguard temple lands and improve its sources of revenue.
Addressing a meeting of officials here on Tuesday, Endowments assistant
commissioner B. Venkatasw-amy said that they had auctioned 50 per cent temple
lands in the district, raising revenue to the tune of Rs 2 crore, based on the
Supreme Court's judgement with
regard to the Tenancy Act especially for the State.
He directed the temple officials to make efforts on a war footing to
auction the remaining 50 per cent lands in the next three months and said that
they could fulfil the ideals of donors by doing so. He asked the officials to
give exemption to farmers who had taken about 2.5 acre land on lease in delta
areas and those who had taken five acre of land on lease in upland areas as they
were landless poor. He directed them to carry out open auction of lands which
did not fall under these categories.
He asked them to maintain a property register without fail. He warned of
stern action against the officials if they resort to any lapses while auctioning
temple lands. Referring to the two bomb blasts
at Varanasi recently, he asked executive officers to maintain strict
security at temples by appointing security guards to keep round the clock vigil.
He advised them to take police help to ensure safety to
devotees, especially at important temples in the district.
=================================================
Attachment B
History of Hindu temples under AP Govt.
Under the Chief Ministership of Dr. Samuel Reddy, who seems to see the
Hindu shrines through the prism of his personal faith, the pace of de-
Hinduisation, desecration and demolition of Hindu religious infrastructure has
accelerated. The government, though trustees, never gives out the mandated
financial and management reports under norms of trusteeship to the owners of
properties i.e. Hindu community. Politicians and bureaucrats consider the
revenues and properties as discretionary.
Here is a sketchy description of the control of Hindu temples and
religious endowments by AP state government, based on very infrequent media
reports. This only shows gross mismanagement and makes a strong case for their
reversion to community control
There is reportedly: a) a proposal under consideration for allowing the
construction of a church atop "Tirumala"; and b) a proposal for a ropeway at
Tirumala to convert the deeply religious place into a tourist hot spot, rather
than preserving and enhancing its religious and cultural character, required of
trustees . 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, religious practices or major projects like the "Master Plan" at
TTD must take place only upon the approval by the community.
Mr. Dharma Reddy, the special officer, AP claims that only 10 1/3 Square
miles of land belong to the Mandir and is administered by the TTD. The statement
which is influenced by some religious and commercial interests is totally
unacceptable to Hindus, who for sure know that the entire Seven Hills is the
sacred land of Hindus. The government must take note of it and declare without
any ambiguity that the entire Seven Hills is sacred and belongs to Bhagawan
Venkateshwara Mandir and that NO structure of any other religion could be
allowed to encroach upon of the Seven Hills. Any violation of this reality could
be a source of an unending conflict like the Babri structure.
The unforgivable and unforgettable destruction of centuries old historic
Mandapam at TTD (Tirupathi Tirumala Devasthanam) with official participation is
a stark reminder of a deep malaise - the unwarranted government interference in
Hindu places of worship. Due to the aggressive anti-Hindu policy pursued by the
Govt. there is faster disintegration and de- Hinduisation of Hindu religious
infrastructure in AP. To further improve their political fortunes the Naxals are
unlawfully distributing the temple lands. The massive land scam in Hathiramji
Mutt at Tirumala, and the infamous demolition of 1000 pillar mandapam at
Tirumala represent the multiple strategies for inflicting irreparable injury
upon Hinduism. And then there is the most indefensible, serious and
controversial issue of siphoning the temple revenues and disposing off the
temple lands. Furthermore, the government of AP has yet to reimburse 28 crores
of rupees to the endowment department towards the value of the temple lands
illegally acquired earlier for bus terminals, police stations, etc. reported in
media a couple of years ago.
There also prevail serious charges that 85% of temple revenues are
illegally transferred to the state exchequer for funding a ministry with 77,000
bureaucrats to supposedly manage 33,000 temples while leaving many pujaris
starving. Recently, AP Govt. ensured 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. And govt. controlled
temple management has also brought in a tie- up of the TTD owned Sri
Venkateswara Institute of Medical Sciences with a missionary hospital. Placing
the members of the competing religions at the center of Hindu religious decision
making adds insult to the injury. How would Christians and Muslims like it if
their religious decision making was processed and formalized through Hindu
hands?
Recently there was a report of barring hundreds of Sadhus from having a
darshan of Lord Venkateshwara at Tirupati. How can sadhus, who have given up
everything afford to pay for the darshan? And there is the issue of safeguarding
of religious artifacts , that are allegedly stolen or clandestinely sold.
==========================================
Attachment C1
Articles 25 and 26 of the Indian Constitution
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation
of religion.-
(1) Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing
law or prevent the State from making any law-
(a) regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of
Hindus.
Explanation I.-The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion.
Explanation II.-In sub-clause (b) of clause (2), the reference to Hindus
shall be construed as including a reference to persons professing the Sikh,
Jaina or Buddhist religion, and the reference to Hindu religious institutions
shall be construed accordingly.
26. Freedom to manage religious affairs.-Subject to public order,
morality and health, every religious denomination or any section thereof shall
have the right-
(a) to establish and maintain institutions for religious and charitable
purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
==================================================
Attachment C2
Article 246 of the Indian Constitution and the Concurrent List containing
religious endowments and religious Institutions that empower the states to
legislate such institutions:
246. Subject-matter of laws made by Parliament and by the Legislatures of
States.-
(1) Notwithstanding anything in clauses (2) and (3), Parliament has
exclusive power to make laws with respect to any of the matters enumerated in
List I in the Seventh Schedule (in this Constitution referred to as the "Union
List").
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State also, have power to make laws with
respect to any of the matters enumerated in List III in the Seventh Schedule (in
this Constitution referred to as the "Concurrent List").
(3) Subject to clauses (1) and (2), the Legislature of any State has
exclusive power to make laws for such State or any part thereof with respect to
any of the matters enumerated in List II in the Seventh Schedule (in this
Constitution referred to as the "State List"').
(4) Parliament has power to make laws with respect to any matter for any
part of the territory of India not included in a State notwithstanding that such
matter is a matter enumerated in the State List.
SEVENTH SCHEDULE
(Article 246)
List III-Concurrent List
.....................
28. Charities and charitable institutions, charitable and religious
endowments and religious institutions.
(http://indiacode.nic.in/coiweb/welcome.html)
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