Open Letter to Hon'ble Shri Mulayam Singh Yadav, Chief Minister, Uttar Pradesh  

Subject: UP Govt. must follow the High Court (HC) directive and set up an autonomous Waqf- like Board for Hindu institutions. The pretext of the so-called "bloody wars for land" is a poor political ploy to thwart HC directive, usurp temple assets for discretionary use and demolish Hindu religious infrastructure 

Summary: 

For the management and governance of Hindu religious institutions, the Allahabad High Court's directive to the Centre and Uttar Pradesh authorities to prepare a scheme for constituting a Board for Hindu religious organizations on the pattern of the UP Muslim Waqf Board has been acclaimed as a welcome development. The UP Government's subsequent proposal to enact a law paving the way for setting up trusts for temples and 'muth's seems an obvious effort to thwart this directive and continue with official illegal and disruptive policy any way. 

The state authorities seem oblivious that under the provisions of the Indian constitution, controlling, discriminating, managing, reforming or patronizing religions is completely and fully outside the scope of government jurisdiction. The temples are not just for rituals by purohits but also the centers of community's socio-cultural and religious life, a place of learning with Acharyas, for community sewa, dharma prachar and for character building. Performing these unique but important roles is beyond the competence and jurisdiction of a secular administration. Therefore, the sooner Govt. gets out of the business of establishing its over- lordship upon the Hindu religious domain the better it would be.  

From every stand point the Govt. interference in Temples is anti-Hindu, anti- secular and anti-national and amounts to suppression of Hindus fundamental right of religious freedom. Therefore, it is imperative that the UP Govt. urgently constitute a Waqf- like autonomous Board for Hindu religious institutions as directed by the HC. To forestall a potential widespread unrest, it must speedily denationalize temples and ensure future autonomy of all Hindu religious institutions in UP - a practice allowed to other religionists.  

The Condensed Version of Representation; 

Hon'ble Chief Minister Singh,

A billion strong Hindu Community worldwide is deeply distressed by your Government's proposal to enact a discriminatory law in an attempt to monitor and continue controlling the Hindu temples, trusts and 'mutt's (Attachment A), despite the HC’s clear directive to the contrary.  Such an act will constitute a serious violation of the HC’s directive and discriminatory interference in the fate and functioning of Hindu religious places.  Furthermore, coming on top of the Allahabad High Court judgment, asking the Centre and Uttar Pradesh governments to prepare a scheme for constituting a Board for Hindu religious organizations on the pattern of the UP Muslim Waqf Board (attachment B), it would be a blatant contempt of the Court, apart from the violation of a secular Constitution that forbids the Govt. from meddling in religious affairs. 

In order to thwart the High Court’s directive for establishing an autonomous Hindu Board, it seems that the UP Govt. is deliberately trying to create the impression of an imaginary yet serious law and order situation, to prevent the" bloody wars between various groups over the control of these places". If the Govt. was really serious about the maintenance of peace it should rather put as much emphasis upon enforcing the law and order and control Madrassas, and some minority institutions and their questionable financial support system in order to stop Jihadist terrorists who attack temples across India. Targeting peaceful Hindu institutions that have broken no laws is a mockery of justice and encouragement to anti-national, anti-Hindu and non-violent forces like Jihadists, Maoists and Naxalites.

A) Some basic questions: Hon'ble Chief Minister: Here are some basic questions that need to be considered while dealing with this issue. What legal authority, background and competence do the govt. operatives possess for controlling every aspect of the Hindu cultural centers?  Why not allow an autonomous Hindu board, as also decreed by the High Court, to govern temples under the guidance of religious leaders, just as in other religion formations? The Waqf Board of Muslims and the management of Christian religious institutions have vast funds, properties and endowments, in addition to the immense flow of foreign funds - yet their autonomy is allowed to remain intact! Why are only the Hindu religious centers targeted for being brought under the govt. over lordship?
 
B) The UP Govt. seriously violates the Constitution: a) by denying Hindus their fundamental “Religious Rights" guaranteed under Articles 25 and 26 of the Indian Constitution. These articles guarantee to Indian citizenry freedom to establish and maintain religious institutions; own and acquire movable and immovable property for them; and administer such property in accordance with law; and, b) by  gross misuse and abuse of state powers under the Concurrent List (Article 246 (2).

C) 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. Therefore, their jurisdiction must be transferred to an autonomous, accountable and transparent Hindu Board.

D) Sir, it is baffling how the UP State legislature could pass laws on temples, which are violative of the Constitution, clearly expressed will of the Parliament and the accepted norms in all free and democratic societies.

E) Shocking Reverse Discrimination: In a shocking reversal of its secular policy the Indian Govt. on the one hand subsidizes the "Hajj" pilgrimage of the Muslims to the tune of Rs. 200 crores annually, and the establishment provides Rs. 1000 for the salary of Imams in Mosques, but on the other hand the UP authorities are busy in crusading to stealthily destroy the self- supporting foundations and structures of the oldest religion in the world namely Hinduism. As a universally accepted general rule secular and democratic governments do not penalize or patronize religions.  Such extra legal actions  constitute a reverse discrimination against the religion of India’s majority community.

F) 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.  Imagine how  Sikhs, Muslims and Christians would react if the Golden temple, Jama Masjid, Ajmer Sharif and the Church of India respectively were to be ruled under the dictates of Govt.?  Such an intrusion by the government in otherwise an autonomous domain has sound basis of leveling charge against the state for being a major instrument in dismantling Hinduism. 
 
G) Govt. Control sacrifices Vital Functions of Temples: The temples are not just for rituals by purohits but also the centers of community's socio-cultural and religious life, a place of learning with Acharyas, for community sewa, dharma prachar and for 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 interference.
 
H)  UP Govt. oblivious of its 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. As an alternative even at this late stage it would be democratic, desirable and in accordance with the directive of the HC that the temples and endowments are handed over to an autonomous Hindu board that could govern them under the guidance of religious leaders. After all, 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 is left intact!

I) Widespread resentment: The govt.'s decision to set up the questionable trusts in violation of the HC directive for Hindu institutions has caused widespread resentment (attachment C) and deeply hurt the religious sentiments of Hindus. If the Govt. decision is not reversed and the HC directive not followed the consequences of such a belligerence by the authorities are likely to be extremely serious. The protests against the Prophet Mohammed's cartoon in Danish paper and against the film "Da Vinci Code" should be an example of such possibilities.

To redress this extremely serious complaint of the majority community we request the Hon'ble Chief Minister to:

1) Constitute a Waqf like  Hindu Board, as suggested by the High Court, for overseeing management of Hindu institutions; and,

2)  Denationalize temples and ensure future autonomy of all Hindu religious institutions in UP as is the practice in other religions;

Hon'ble Chief Minister, please honor the High Court's verdict and enforce it in toto as a primary step for liberating the Hindu temples in your state.
 
With best wishes, and hoping for a prompt response.  

Sincerely, 

Dr. Jagan Kaul  
Krishan Bhatnagar  
Hindu Jagran Forum (USA)
July 17, 2006   

Attachment A 

Uttar Pradesh State Plans Law to Control Hindu
Temples, Monasteries and Trusts

www.hindu.com

LUCKNOW, INDIA, May 10, 2006: The Uttar Pradesh Government plans to enact a law which would enable it to monitor the activities of temples, mutts and religious trusts, and also have a big say in their
management. A meeting has been convened by State Chief Secretary N.C. Bajpai on June 13 for finalizing the draft Bill on the subject. The meeting will be attended by the principal secretaries of law and religious endowment departments. Religious Endowment Minister Ashok Bajpai said the Government did not want to unnecessarily interfere in the affairs of temples, mutts and religious trusts, nor were there any plans to take over their control.  

Speaking to The Hindu , Mr. Bajpai said: "There has to be a foolproof arrangement for keeping a close watch on the management of the religious places as not only were the sewadars and workers exploited by the mahants and pujaris, dispute over property owned by the mutts and temples has often led to the murder of priests." He said temple towns were also leading tourist centres -- Varanasi, Allahabad, Mathura, Ayodhya and Chitrakoot.

"Proper management of temples will promote tourism in the State," he said. Through the proposed legislation, income from the temples, mutts and religious trusts will be ploughed back for the welfare of their workers. For the purpose of the legislation, temples and mutts have been divided into 3 grades: temples of international and national fame; temples of State fame; regional and local level temples, mutts and religious trusts.

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.

Attachment C

BJP slams UP Govt's Temple Trust decision

Monday, 12 June , 2006, 12:20

http://sify.com/news/fullstory.php?id=14225219

Lucknow: The BJP has slammed the Uttar Pradesh Government's intentions to enact a law to set up trusts for disputed temples and 'maths' in a bid to control bloody wars between various groups over control of these places, describing it as an ''interference on the functioning of Hindu religious
places''.

The Allahabad High Court had recently ordered the Centre and the state government to set up trusts. The court has also asked the governments to inform it on the way they would go about setting up such trusts and have given three months to prepare a roadmap.

''If it is the direction of the High Court, we want a proper representation  of the Vishwa Hindu Parishad in any decision on the issue,'' said BJP state unit spokesperson Hriday Narain Dikshit. He said since the VHP was the biggest organisation representing Hindus, its views on the issue were mandatory.

''The present government has already ignored the sentiments of Hindus...if  the government goes about setting up trusts wihout consultations, we will not take it lightly,'' Mr Dikshit added.

Incidentally, a similar law was withdrawn by the previous BJP government led  by Kalyan Singh in 1992.

State Religious Affairs minister Ashok Bajpai, meanwhile, said there were no  intentions to interfere in the functioning of such temple and 'maths' but to control them to check law and order problems. He said a Assembly Committee had also mooted a similar law.

Sources in the State Government said the new law would try to check the bloody wars over control of such religious places. They claimed that if a ban was imposed on the sale of such properties, the clashes between various groups would automatically end.

The State Government is also contemplating dividing such places into three categories: ones having international importance; those of national importance, and sites which have importance at the district level.