To,

Sri P.V.R.K. Prasad, IAS (Retd.)
Chairman,

Expert Committee on Chilkur Balaji Temple,

Hyderabad

Subject: Proposal to takeover the Chilkur Balaji temple by AP Govt. represents the continuation of State's assault on Hinduism

Hon'ble Chairman Sri Prasad,

A billion Hindus across the Globe are aghast at the proposal by AP Govt. to takeover the 500 year old Chilkur Balaji temple so efficiently run by the pujaris and locals. Blinded by their thirst to Sovietize the regime of control upon the Hindu temples and thereby on the Hindu society, 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 AP 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).

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.

It is baffling to note how the AP State legislature could pass laws on temples that : a) are violative of the Constitution; b) infringe clearly expressed will of the Parliament;  and, c) are against the universally accepted norms in all free and democratic societies. Given the recent history of speedily selling temples lands, one after the other, it appears that the AP Govt. has assumed leadership role in the field of de-Hinduizing the state.

Injurious 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. Furthermore, the criminal destruction of centuries old historic Mandapam at TTD with official participation that has been universally condemned by all Hindu ranks and which generated enormous resentment, shows the incapacity of Govt. to understand and manage Hindu religious institutions. The fact that even with  huge battalions of staff for oversight, the Govt. could not protect the temple lands from illegal occupation simply proves either incompetence, indifference or both of the authorities in performing their responsibilities. Such an incompetent apparatus cannot and must not be allowed to mess up these centuries’ old temples and their estates belonging to Hindu community any further.  

Sir, why can’t the Govt. follow a politically correct and democratically acceptable method of honoring the autonomy of Hindu temples and establish an autonomous Hindu board to govern temples under the guidance of religious leaders, just as is the practice 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? 

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

Vital Functions of Temples are denied: 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 not only been denied by state control, but the deliberate and irreversible Govt. actions in controlling and liquidating perpetual resources of endowments could stop these for good.  

Widespread resentment: The latest decision by the AP Govt. for taking over the Balaji Temple under its control has caused widespread resentment and deeply hurt the religious sentiments of Hindus. If the Govt. decision is not reversed the consequences of such a belligerence by the authorities are likely to be extremely serious. The protests against Prophet Mohammed's cartoon in a Danish paper and against the film "Da Vinci Code" should provide some clues about such possibilities.  

To redress such extremely serious complaints of the majority community, may we request the Hon'ble Chairman of the Committee to recommend to the AP Govt. to: 

1) Let the autonomy of the Balaji temple be left in tact and unfettered.
 

2) Constitute a Waqf like Hindu Board, on the pattern of the Allahabad High Court’s decree, for overseeing the management of Hindu institutions in Andhra Pradesh.

3) And, advise the state authorities in general to adopt a “hands-off” policy in relation to the Hindu temples as required by the Constitution and subsequent laws formulated by the national Parliament.

Thanks for your time and with best wishes.  

Sincerely,  

Dr. Jagan Kaul  
Krishan Bhatnagar  
Hindu Jagran Forum (USA)
July 24, 2006   

Attachment A

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.