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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Civil Writ Petition No.1834 of 2018
Reserved on
Decided on
: 27.5.2025/
8.10.2025
: 10.10.2025
Kashmir Chand Shadyal
Versus
State of H.P. and others
…..Petitioner
….Respondents
Coram:
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon’ble Mr. Justice Rakesh Kainthla, Judge
Whether approved for reporting? Yes.
For the Petitioner
For the respondent
:
:
Mr. Nitin Thakur and Mr. Udit
Shaurya Kaushik, Advocates.
Mr. Anup Rattan, Advocate General,
with Mr. Ramakant Sharma, Pawan
Kumar Nadda, Additional Advocates
General and Mr. S.D. Vasudeva and
Ms Seema Sharma, Deputy Advocates
General for the State.
Mr. Lokender Thakur, Senior Penal
Counsel, for respondent No.3.
Vivek Singh Thakur, Judge
Petitioner, invoking provisions of Article 226 of the
Constitution of India, has filed the present Writ Petition, praying
mainly for the following relief:
“(i)
Issue a writ of mandamus directing the respondent
authorities to ensure strict compliance of the Act specifically
provisions pertaining to preparation of budget (Section 22),
maintenance of accounts (Section 23) and incurring of
expenditure (Section 17)”
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2.
The Legislature of Himachal Pradesh has enacted the
Hindu Public Religious Institutions and Charitable Endowments
Act, 1984 (hereinafter referred to as the “Act”) for regulating the
affairs of the Hindu Public Religious Institutions and Charitable
Endowments. The objects and reasons of the Act are as under:
(i)
(ii)
3.
An Act to provide for better administration of Hindu
Public Religious Institutions and Charitable Endowments
and for the protection and preservation of properties
appertaining to such institutions and endowments.
The Himachal Pradesh Hindu Public Religious
Institutions and Charitable Endowments Act, 1984 has
been enacted to provide for better administration including
the proper performance of puja and other rituals securing
health, safety and convenience of worshippers, disciples
and pilgrims, restricting the alienation and leasing of
immovable property of the institution for purposes of
necessary or beneficial to the said institution and fulfilling
the purposes for which the trust has been created.
The Act deals with Hindu Public Charitable Endowments
and Religious Institutions; however, institutions and endowments
included in Schedule I of the Act are mainly Temples and Maths.
4.
The term Hindu Public Religious Institution and temple
have been defined as under:
(a)
"Hindu Public Religious Institution" means a math,
temple and endowment attached thereto or a specific
endowment, established with a religious object for a public
purpose and includes-
(i)
given
all property movable or immovable belonging to
or
or
endowed for worship in,
maintenance or improvement of, additions to, a
math or temple, for the performance of any
service or charity connected therewith;
(ii)
the idols installed in the math or temple,
clothes, ornaments and things for decoration
etc.; and
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(iii)
religious institution under the direct control of
the State Government;
but does not include,-
(i)
(ii)
such private religious maths or temples in which
the public are not interested; and
the gifts of the property made as personal gifts to
the mahant, service-holder or other employee of
a religious institution;
(g) "math" means a math as understood under Hindu law;
Xxxx
(l) "temple" means a place, by whatever designation known,
used as a place of public religious worship, and dedicated
to, or for the benefit of, or used as of right by, the Hindu
community or any section thereof as a place of public
religious worship;
5.
6.
The Act defines “Hindu” in Section 1 as under:
(i)
Explanation to sub-section (3) of Section 1 of the Act
provides that the word “Hindu” shall mean the persons
contemplated under clause (a) and clause (b) of sub
section (1) of Section 2 of the Hindu Marriage Act, 1955
and the expression “Hindu” Public Religious Institution
and
Charitable
accordingly.
Endowment” shall be construed
Since the Act refers to the Hindu Marriage Act to
determine the meaning of Hindu; hence, it is necessary to refer to
the definition of Hindu provided in Section 2 (1) (a) and 2 (1) (b) of
the Hindu Marriage Act, which reads as under:
(a)
(b)
7.
any person who is a Hindu by religion in any of its
forms or developments, including a Virashaiva, A
Lingayat or a follower of Brahmo, Prarthana or
Arya Samaj,
any person who is a Buddhist, Jaina or Sikh by
religion.
In Shastri Yagnapurushdasji and others v. Muldas
Bhundardas Vaishya and another, AIR 1966 SC 1119, the Apex
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Court explained the term Hindu and tenets of the Hindu religion as
under:
“27.
Who are Hindus, and what are the broad features of the
Hindu religion, that must be the first part of our enquiry in
dealing with the present controversy between the parties. The
historical and etymological genesis of the word "Hindu" has
given rise to a controversy amongst indologists, but the view
generally accepted by scholars appears to be that the word
"Hindu" is derived from the river Sindhu, otherwise known as
Indus, which flows from the Punjab. "That part of the great
Aryan race", says Monier Williams, "which immigrated from
Central Asia, through the mountain passes into India, settled
first in the districts near the river Sindhu (now called the
Indus). The Persians pronounced this word Hindu and named
their Aryan brethren Hindus. The Greeks, who probably gained
their first ideas of India from the Persians, dropped the hard
aspirate, and called the Hindus "Indoi". ("Hinduism" by Monier
Williams, p.1.)"
28.
The Encyclopaedia of Religion and Ethics, Vol. VI, has
described "Hinduism" as the title applied to that form of religion
which prevails among the vast majority of the present
population of the Indian Empire (p. 686). As Dr. Radhakrishnan
has observed; "The Hindu civilization is so called, since its
original founders or earliest followers occupied the territory
drained by the Sindhu (the Indus) river system corresponding to
the North West Frontier Province and the Punjab. This is
recorded in the Rig Veda, the oldest of the Vedas, the Hindu
scriptures which give their name to this period of Indian
history. The people on the Indian side of the Sindhu were called
Hindu by the Persian and the later western invaders". ("The
Hindu View of Life" by Dr. Radhakrishnan, p. 12.) That is the
genesis of the word "Hindu".
29.
When we think of the Hindu religion, we find it difficult,
if not impossible, to define Hindu religion or even adequately
describe it. Unlike other religions in the world, the Hindu
religion does not claim any one prophet; it does not worship any
one God; it does not subscribe to any one dogma; it does not
believe in any one philosophic concept; it does not follow any
one set of religious rites or performances; in fact, it does not
appear to satisfy the narrow traditional features of any religion
or creed. It may broadly be described as a way of life and
nothing more.
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30.
Confronted by this difficulty, Dr. Radhakrishnan realised
that "to many Hinduism seems to be a name without any
content. Is it a museum of beliefs, a medley of rites, or a mere
map, a geographical expression ?" (Ibid p. 11.) Having posed
these questions which disturbed foreigners when they think of
Hinduism, Dr. Radhakrishnan has explained how Hinduism
has steadily absorbed the customs and ideas of peoples with
whom it has come into contact and has thus been able to
maintain its supremacy and its youth. The term 'Hindu',
according to Dr. Radhakrishnan, had originally a territorial and
not a credal significance. It implied residence in a well-defined
geographical area. Aboriginal tribes, savage and half-civilized
people, the cultured Dravidians and the Vedic Aryans were all
Hindus as they were the sons of the same mother. The Hindu
thinkers reckoned with the striking fact that the men and
women dwelling in India belonged to different communities,
worshipped different gods, and practiced different rites (Kurma
Purana).(Ibid p.12.)
31.
Monier Williams has observed that "it must be borne in
mind that Hinduism is far more than a mere form of theism
resting on Brahmanism. It presents for our investigation a
complex congeries of creeds and doctrines which in its gradual
accumulation may be compared to the gathering together of the
mighty volume of the Ganges, swollen by a continual influx of
tributary rivers and rivulets, spreading itself over an ever
increasing area of country and finally resolving itself into an
intricate Delta of tortuous steams and jungly marshes ........ The
Hindu religion is a reflection of the composite character of the
Hindus, who are not one people but many. It is based on the
idea
of
universal receptivity. It has ever aimed at
accommodating itself to circumstances, and has carried on the
process of adaptation through more than three thousand years.
It
has first borne with and then, so to speak, swallowed,
digested, and assimilated something from all creeds." ("Religious
Thought & Life in India" by Monier Williams, P. 57.)
32.
We have already indicated that the usual tests which can
be applied in relation to any recognised religion or religious
creed in the world turn out to be inadequate in dealing with the
problem of Hindu religion. Normally, any recognised religion or
religious creed subscribes to a body of set philosophic concepts
and theological beliefs. Does this test apply to the Hindu
religion? In answering this question, we would base ourselves
mainly on the exposition of the problem by Dr. Radhakrishnan
in his work on Indian Philosophy. ("Indian Philosophy" by Dr.
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Radhakrishnan, Vol. I, pp. 22-23.) Unlike other countries, India
can claim that philosophy in ancient India was not an auxiliary
to any other science or art, but always held a prominent
position of independence. The Mundaka Upanisad speaks of
Brahma-vidya or the science of the eternal as the basis of all
sciences, 'sarva-vidya -pratishtha'. According to Kautilya,
"Philosophy" is the lamp of all the sciences, the means of
performing all the works, and the support of all the duties. "In
all the fleeting centuries of history", says Dr. Radhakrishnan,
"in all the vicissitudes through which India has passed, a
certain marked identity is visible. It has held fast to certain
psychological traits which constitute its special heritage, and
they will be the characteristic marks of the Indian people so
long as they are privileged to have a separate existence." The
history of Indian thought emphatically brings out the fact that
the development of Hindu religion has always been inspired by
an endless quest of the mind for truth based on the
consciousness that truth has many facets. Truth is one, but
wise men describe if differently. The Indian mind has,
consistently through the ages, been exercised over the problem
of the nature of godhead the problem that faces the spirit at the
end of life, and the interrelation between the individual and the
universal soul. "If we can abstract from the variety of opinion",
says Dr. Radhakrishnan, "and observe the general spirit of
Indian thought, we shall find that it has a disposition to
interpret life and nature in the way of monistic idealism, though
this tendency is so plastic, living and manifold that it takes
many forms and expresses itself in even mutually hostile
teachings".(Ibid, p.32.)
33.
The monistic idealism, which can be said to be the
general distinguishing feature of Hindu Philosophy has been
expressed in four different forms : (1) Non-dualism or Advitism;
(2) Pure monism; (3) Modified monism; and (4) Implicit monism.
It is remarkable that these different forms of monistic idealism
purport to derive support from the same vedic and Upanishadic
texts. Shankar, Ramanuja, Vallabha and Madhva all based their
philosophic concepts on what they regarded to be the synthesis
between the Upanishads, the Brahmasutras and the Bhagavad
Gita. Though philosophic concepts and principles evolved by
different Hindu thinkers and philosophers varied in many ways
and even appeared to conflict with each other in some
particulars, they all had reverence for the past and accepted the
Vedas as the sole foundation of the Hindu philosophy. Naturally
enough, it was realised by Hindu religion from the very
beginning of its career that truth was many-sided and different
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views contained different aspects of truth which no one could
fully express. This knowledge inevitably bred a spirit of
tolerance and willingness to understand and appreciate the
opponents point of view. That is how "the several views set forth
in India in regard to the vital philosophic concepts are
considered to be the branches of the self-same tree. The short
cuts and blind alleys are somehow reconciled with the main
road of advance to the truth." (Ibid p. 48.)”. When we consider
this broad sweep of the Hindu philosophic concepts, it would be
realised that under Hindu philosophy, there is no scope for ex
communicating any notion or principle as heretical and
rejecting it as such.
34. Max Muller who was a great oriental scholar of his time was
impressed by this comprehensive and all-pervasive aspect of the
sweep of Hindu philosophy. Referring to the six systems known
to Hindu philosophy, Max Muller observed : "The longer I have
studied the various systems, the more have I become impressed
with the truth of the view taken by Vijnanabhiksu and others
that there is behind the variety of the six systems a common
fund of what may be called national or popular philosophy, a
large manasa (lake) of philosophical thought and language far
away in the distant North and in the distant past, from which
each thinker was allowed to draw for his own purposes". ("Six
Systems of Indian Philosophy" by Max Muller, p. xvii.)
35. Beneath the diversity of philosophic thoughts, concepts and
ideas expressed by Hindu philosophers who started different
philosophic schools, lie certain broad concepts which can be
treated as basic. The first amongst these basic concepts is the
acceptance of the Veda as the highest authority in religious and
philosophic matters. This concept necessarily implies that all
the systems claimed to have drawn their principles from a
common reservoir of thought enshrined in the Veda. The Hindu
teachers were thus obliged to use the heritage they received
from the past in order to make their views readily understood.
The other basic concept which is common to the six systems of
Hindu philosophy is that "all of them accept the view of the
great world rhythm. Vast periods of creation, maintenance and
dissolution follow each other in endless succession. This theory
is not inconsistent with belief in progress; for it is not a
question of the movement of the world reaching its goal times
without number, and being again forced back to its starting
point.
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It means that the race of man enters upon and retravels its
ascending path of realisation. This interminable succession of
world ages has no beginning" ("Indian Philosophy" by Dr.
Radhakrishnan, Vol. II., p. 26). It may also be said that all the
systems of Hindu philosophy believe in rebirth and pre
existence. "Our life is a step on a road, the direction and goal of
which are lost in the infinite. On this road, death is never an
end of an obstacle but at most the beginning of new steps" (ibld,
p.27). Thus, it is clear that unlike other religions and religious
creeds, Hindu religion is not tied to any definite set of
philosophic concepts as such.
36.
Do the Hindus worship at their temples the same set or
number of gods? That is another question which can be asked
in this connection; and the answer to this question again has to
be in the negative. Indeed, there are certain sections of the
Hindu community which do not believe in the worship of idols;
and as regards those sections of the Hindu community which
believe in the worship of idols their idols differ from community
to community and it cannot be said that one definite idol or a
definite number of idols are worshipped by all the Hindu in
general. In the Hindu Pantheon the first goods that were
worshipped in Vedic times were mainly Indra, Varuna, Vayu
and Agni. Later, Brahma, Vishnu and Mahesh came to be
worshipped. In course of time, Rama and Krishna secured a
place of pride in the Hindu Pantheon, and gradually as different
philosophic concepts held sway in different sects and in
different sections of the Hindu community, a large number of
gods were added, with the result that today, the Hindu
Pantheon presents the spectacle of a very large number of gods
who are worshipped by different sections of the Hindus.
37.
The development of Hindu religion and philosophy shows
that from time to time saints and religious reformers attempted
to remove from the Hindu thought and practices elements of
corruption and superstition and that led to the formation of
different sects. Buddha stated Buddhism; Mahavir founded
Jainism; Basava became the founder of Lingayat religion,
Dnyaneshwar and Tukaram initiated the Varakari cult; Guru
Nanak inspired Sikhism; Dayananda founded Arya Samaj, and
Chaitanya began Bhakti cult; and as a result of the teachings of
Ramakrishna and Vivekananda, Hindu religion flowered into its
most attractive, progressive and dynamic form. If we study the
teachings of these saints and religious reformers, we would
notice an amount of divergence in their respective views; but
underneath that divergence, there is a kind of subtle
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indescribable unity which keeps them within the sweep of the
broad and progressive Hindu religion.
38.
There are some remarkable features of the teachings of
these saints and religious reformers. All of them revolted
against the dominance of rituals and the power of the priestly
class with which it came to be associated, and all of them
proclaimed their teachings not in Sanskrit, which was the
monopoly of the priestly class, but in the languages spoken by
the ordinary mass of people in their respective regions.
39.
Whilst we are dealing with this broad and comprehensive
aspect of the Hindu religion, it may be permissible to enquire
what, according to this religion, is the ultimate goal of
humanity? It is the release and freedom from the unceasing
cycle of births and rebirths; Moksha or Nirvana, which is the
ultimate aim of the Hindu religion and philosophy, represents
the state of absolute absorption and assimilation of the
individual soul with the infinite. What are the means to attain
this end ? On this vital issue, there is great divergence of views;
some emphasise the importance of Gyan or knowledge, while
others extol the virtues of Bhakti or devotion; and yet others
insist upon the paramount importance of the performance of
duties with a heart full of devotion and mind inspired by true
knowledge. In this sphere again, there is diversity of opinion,
though all are agreed about the ultimate goal. Therefore, it
would be inappropriate to apply the traditional tests in
determining the extent of the jurisdiction of Hindu religion. It
can be safely described as a way of life based on certain basic
concepts to which we have already referred.
40.
Tilak faced this complex and difficult problem of defining
or at least describing adequately Hindu religion and he evolved
a working formula which may be regarded as fairly adequate
and satisfactory. Said Tilak: "Acceptance of the Vedas with
reverence; recognition of the fact that the means or ways to
salvation are diverse and realisation of the truth that the
number of gods to be worshipped is large, that indeed is the
distinguishing feature of Hindu religion. This definition brings
out succinctly the broad distinctive features of Hindu religion. It
is somewhat remarkable that this broad sweep of Hindu religion
has been eloquently described by Toynbee. Says Toynbee :
"When we pass from the plane of social practice to the plane of
intellectual outlook, Hinduism too comes out well by
comparison with the religions an ideologies of the South-West
Asian group. In contrast to these Hinduism has the same
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outlook as the pre-Christian and pre-Muslim religions and
philosophies of the Western half of the old world. Like them,
Hinduism takes it for granted that there is more than one valid
approach to truth and to salvation and that these different
approaches are not only compatible with each other, but are
complementary ("The Present-Day Experiment in Western
Civilisation" by Toynbee, pp. 48-49.)”.
41.
The Constitution-makers were fully conscious of this
broad and comprehensive character of Hindu religion; and so,
while guaranteeing the fundamental right to freedom of religion,
Explanation II to Art. 25 has made it clear that 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.”
8.
The Apex Court again explained the term Hindu and
Hinduism in Commissioner of Wealth Tax, Madras and others
v. Late R. Sridharan by LRs, (1976) 4 SCC 489, as under:
“10. The sole question which, however, falls for our
consideration in these appeals is whether Nicolas Sundaram is
a Hindu governed by Hindu Law. It is a matter of common
knowledge that Hinduism embraces within itself so many
diverse forms of beliefs, faiths, practices and worship that it is
difficult to define the term ‘Hindu’ with precision.
11. The historical and etymological genesis of the word "Hindu"
has been succinctly explained by Gajendragadkar, C.J. in
Shastri Yagna-purushdasji and Ors. v. Muldas Bhundardas
Vaishya and Anr. (AIR 1966 SC 1119).
12. In Unabridged Edition of Webster's Third New International
Dictionary of the English language, the term 'Hinduism' has
been defined as meaning a complex body of social, cultural, and
religious Beliefs and practices evolved in and largely confined to
the Indian subcontinent and marked by a caste system, an
outlook tending to view all forms and theories as aspects of one
eternal being and truth, a belief in ahimsa, karma, dharma,
sansara, and moksha, and the practice of the way of works, the
way of knowledge, or the way of devotion as the means of
release from the bound of rebirths; the way of life and form of
thought of a Hindu.
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13. In Encyclopedia Britannica (15th Edition), the term
'Hinduism' has been defined as meaning the civilization of
Hindus (originally, the inhabitants of the land of the Indus
River). It properly denotes the Indian civilization of
approximately the last 2,000 years, which gradually evolved
from Vedism, the religion of the ancient Indo-European peoples
who settled in India, in the last centuries of the 2nd millennium
BC. Because it integrates a large variety of. heterogeneous
elements, Hinduism constitutes a very complex but largely
continuous whole, and since it covers the whole of life, it has
religious, social, economic, literacy, and artistic aspects. As a
religion, Hinduism is an utterly diverse, conglomerate, of
doctrines, cults, and way of fire .... In principle, Hinduism
incorporates all forms of belief and worship without
necessitating the selections or elimination of any. The Hindu, is
inclined to revere, the divine in every manifestation, whatever it
may be, and is doctrinally tolerant, leaving others--including
both Hindus and non-Hindus--whatever creed and, worship
practices suit them best. A Hindu may embrace a non-Hindu
religion without ceasing to be a Hindu, and since the Hindu is
disposed to think synthetically and to regard other forms of
worship, strange gods, and divergent doctrines, as inadequate
rather than wrong or objectionable, he tends to believe that the
highest divine powers complement each other for the well-being
of the world and mankind. Few religious ideas: are considered
to be. finally irreconcilable. The core of religion does not even
depend on the existence or non-existence of God or on whether
there is one God or many. Since religious truth is said to
transcend all verbal definition, it is not conceived in dogmatic
terms. Hinduism is, then, both a civilisation and a conglomerate
of religions, with neither a beginning, a founder, nor a central
authority, hierarchy, or organisation. Every attempt at a specific
definition of Hinduism has proved unsatisfactory in one way or
another, the more so because the finest Indian scholars of
Hinduism, including Hindus themselves, have emphasized
different aspects of the whole.
14. In his celebrated treatise Gitarahasaya, B.G. Tilak has given
the following broad description of the Hindu religion:
Acceptance of the Vedas with reverence; recognition of the
fact that the means or ways of salvation are diverse; and
realisation of the truth that the number of gods to be
worshipped is large, that indeed is the, distinguishing
feature of Hindu religion.
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15. In Bhagwan Koer v. J.C. Base and Ors., [1904] I.L.R. 31 Cal.
11, it was held that Hindu religion is marvelously catholic and
elastic. Its theology is marked by eclecticism and tolerance and
almost unlimited freedom of private worship. Its social code is
much more stringent, but amongst its different castes and
sections, exhibits wide diversity of practice. No trait is more
marked of Hindu society in general than its horror of using the
meat of the cow.
16. This being the scope and nature of the religion, it is not
strange that it holds within its fold men of divergent views and
traditions who have very little in common except a vague faith
in what may be, called the fundamentals of the Hindu religion.
17.
It will be advantageous, at this stage to refer to page 671
of Mulla's Principles of Hindu Law (Fourteenth Edition), where
the position is stated thus:
The word 'Hindu' does not denote any particular religion or
community. During the last hundred years and more it has
been a nomenclature used to refer comprehensively to
various categories of people for purposes of personal law. It
has been applied to dissenters and non-conformists and
even to those who have entirely repudiated Brahmanism. It
has been applied to various religious sects and bodies which
at various periods and in circumstances developed out of or
split off from, the Hindu system but whose members have
nevertheless continued to live under the Hindu law and the
Courts have generally put a liberal construction upon
enactments relating to the personal laws applicable to
Hindus.”
9.
The Apex Court has considered the observations made in
Late R. Sridharan (supra) and Shastri Yagnapurushdasji
(supra), in Dr. Ramesh Yeshwant Prabhoo v. Prabhakar
Kashinath Kunte and others, (1996) 1 SCC 130 and has
observed as under:
“
37. These Constitution Bench decisions, after a detailed
discussion, indicate that no precise meaning can be ascribed to
the terms 'Hindu', 'Hindutva' and 'Hinduism'; and no meaning
in the abstract can confine it to the narrow limits of religion
alone, excluding the content of Indian culture and heritage. It is
also indicated that the term 'Hindutva' is related more to the
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way of life of the people in the subcontinent. It is difficult to
appreciate how in the face of these decisions the term
'Hindutva' or 'Hinduism' per se, in the abstract, can be assumed
to mean and be equated with narrow fundamentalist Hindu
religious bigotry, or be construed to fall within the prohibition
in sub-sections 3 and/or (3A) of Section 123 of the R. P. Act.
…. …. …. ….
39. Ordinarily, Hindutva is understood as a way of life or a state
of mind and it is not to be equated with, or understood as
religious Hindu fundamentalism. In "Indian Muslims -- The Need
For A Positive Outlook" by Maulana Wahiduddin Khan, (1994), it
is said (at p.19):
“The strategy worked out to solve the minorities
problem was, although differently worded, that of Hindutva
or Indianisation. This strategy, briefly stated Aims at
developing a uniform culture by obliterating the differences
between all the cultures co-existing in the country. This was
felt to be the way of communal harmony and national unity.
It was thought that this would put an end once and for all to
the minorities problem.”
The above opinion indicates that the word 'Hindutva'
is used and understood as a synonym of 'Indianisation', i.e.
development of uniform culture by obliterating the
differences between all the cultures co-existing in the
country.”
…. …. …. ….
42. Thus, it cannot be doubted, particularly in view of the
Constitution Bench decisions of this Court that the words
'Hinduism' or 'Hindutva' are not necessarily to be
understood and construed narrowly, confined only to the
strict Hindu religious practices unrelated to the culture and
ethos of the people of India, depicting the way of life of the
Indian people. Unless the context of a speech indicates a
contrary meaning or use, in the abstract these terms are
indicative more of a way of life of the Indian people and are
not confined merely to describe persons practising the Hindu
religion as a faith.”
10.
In Sri Adi Visheshwara of Kashi Vishwanath Temple,
Varanasi and Others v. State of U.P. and others, (1997) 4 SCC
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606, the Apex Court again considered the Hindu religion and
observed as under:
“ 29. Justice B.K. Mukherjee in his 'Tagore Law Lectures on
Hindu Law of Religious and Charitable Trust' at p. 1 observed:
“The popular Hindu religion of modern times is not the
same as a religion of the Vedas though the latter are still
held to be the ultimate source and authority of all those held
sacred by Hindus. In course of its development, the Hindu
religion did undergo several changes, which reacted on the
social system and introduced corresponding changes in the
social and religious institution. But whatever changes were
brought about by time --- it cannot be disputed that they
were sometimes of a revolutionary character --- the
fundamental, moral and religious ideas of the Hindu which
lie at the same and the system that we see around us can be
said to be said to be an evolutionary product of the spirit
and genus of the belief passing through different ways of
their cultural development.”
30. Hindusim cannot be defined in terms of Polytheism or
Henotheism or Monotheism. The nature of Hindu religion
ultimately is Monisim/Advaita, This is in contradistinction to
Monotheism which means only one God to the exclusion of all
others. Polytheism is a belief of multiplicity of Gods. On the
contrary, Monism is a spiritual belief of one Ultimate Supreme
and manifests Himself as many. This multiplicity is not contrary
to on-dualism. This is the reason why Hindus start adoring any
Deity either handed down by tradition or brought by a Guru or
Swambhuru and seek to attain the Ultimate Supreme.”
11.
In M Chandra v. M. Thangamuthu and another, (2010)
9 SCC 712, the Apex Court considered Hinduism and observed:
“40. We must remember, as observed by this Court in Ganpat v.
Returning Oficer, (1975) 1 SCC 589, Hinduism is not a religion
with one God or one Holy Scripture. The practices of Hindus
vary from region to region, place to place. The Gods worshipped,
the customs, Traditions, Practice, rituals etc, they all differ, yet
all these people are Hindus. The determination of the religious
acceptance of a person must be not be made on his name or his
birth. When a person intends to profess Hinduism, and he does
all that is required by the practices of Hinduism in the region or
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by the caste to which he belongs, and he is accepted as a Hindu
by all persons around him (sic he is said to be a Hindu).
41. Hinduism appears to be very complex religion. It is like a
centre of gravity doll which always regain its upright position
however much it may be upset. Hinduism does not have a
single founder, a single book, a singe church or even a single
way of life. Hinduism is not the caste system and its
hierarchies, though the system is a part of its social
arrangement, based on the division of labour. Hinduism does
not preach or uphold untouchability, though the Hindu Society
has practiced it, firstly due to reasons of public health and
later, due to prejudices. (Copied in titbits from the book Facets
of Hinduism by Sri Swami Harshananda).”
12.
In Ashwini Kumar Upadhyay v. Union of India and
others, (2023) 8 SCC 402, the Apex Court considered the core of
Hindu religion and the impact of secularism on it and observed:
“7.
(Dr.),
In
State of Karnataka v. Praveen Bhai Thogadia
(2004) 4 SCC 684, this Court proclaimed:
“9. ……The core of religion based upon spiritual values, which
the Vedas, Upanishads and Puranas were said to reveal to
mankind seem to be: "Love others, serve others, help ever,
hurt never" and "sarvae jana sukhino bhavantoo". ……..
8. In M.P. Gopalakrishnan Nair v. State of Kerala, (2005) 11 SCC
45, this Court declared:
“20. It is now well settled:
(i) …….
(ii) The State is not only prohibited to establish any religion
of its own but is also prohibited to identify itself with or
favouring any particular religion.
(iii) The secularism under the Indian Constitution does not
mean constitution of an atheist society but it merely means
equal status of all religions without any preference in favour
of or discrimination against any one of them.
…. …. ….
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10. The present and future of a country cannot remain a
prisoner of the past. The governance of Bharat must conform to
Rule of law, secularism, constitutionalism of which Article 14
stands out as the guarantee of both equality and fairness in the
State's action.”
13.
Some of basic important core Principles of Hinduism are –
(i) Fundamental Principles of Vedanta, which teach impersonality
and universality of supreme truth, divinity of soul, unity of
existence, harmony of religions and spiritual freedom; (ii) Paths to
Moksha (Salvation), which are Jnana Yoga (the path of knowledge
and wisdom), Karma Yoga (the path of action and good deeds),
Bhakti Yoga (the path of devotion to God) offer unique route to
liberation; (iii) Karma and Reincarnation, propagated by The
Bhagvad Gita, the Upnishads, the Puranas as the journey of the
soul through countless lives, governed by Karma (goal is Moksha –
Liberation from cycle of rebirth) – attainable through righteous
living, devotion and self-realization; (iv) Four Pillars of Hindu
Ethics, which are Truthfulness (Satyam), Cleanliness (Shauchham)
Austerity (Tapah), Compassion (Dayah); or in other words, honesty,
purity, discipline and empathy; (v) Ashtang Yoga meaning eight
practices of Yama (moral and ethical restraints) including Ahinsa
(non-violence, non-harming attitude in though, word and deed),
Satya
(truthfulness),
Asteya
(non-stealing),
Brahmacharya
(continence divine conduct), Aparigraha (non-possessiveness, non
holding); Niyama (ethical standards or personal discipline which
include observances and personal discipline of self-purification), i.e.
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Shaucha (purity, cleanliness), Santosh (contentment), Tapah (Self
discipline/austerity), Swadhyaya (Study of the self and scriptures),
Ishwar Pranidhana (Surrender to God); Aasna (physical postures
that prepare the body for meditation and develop strength, balance,
and flexibility); Pranayama (breath control, which is practice to gain
control over breath which governs the energy, i.e. Pran); Pratyahara
(sensory withdrawal, i.e. practice of withdrawing senses from
external object and turning inwards); Dharana (concentration,
ability of focus on a single point); Dhyana (meditation, sustained,
continuous and uninterrupted stage of focused awareness and
contemplation ultimately leading to self-realization); and Samadhi
(final state of deep meditation leading to spiritual illumination or
unity with divine, i.e. the ultimate state of unity where the
practitioner merges with the object of meditation – pure
consciousness.
14.
Thus, the essence of Hindu religion (Sanātana Dharma)
lies not in rigid dogma or a single prophet or scripture, but in a
profound way of understanding life, consciousness, and the
universe. It is more a spiritual philosophy and ethical way of living
than a centralised religion. It is a framework for a righteous,
meaningful, and spiritually fulfilling life. It is not merely a set of
religious beliefs but a comprehensive worldview that encompasses
ethics, duties, laws, and the inherent order of the universe. At its
core, Hindu Dharma is the principle of cosmic harmony and the
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individual's role in upholding that balance through their actions,
thoughts, and words.
15.
For incurring expenditure under the Act, it would also be
necessary to understand the role of Temples, Maths and other
religious endowments of Hindus in regulating, progressing and
developing the society through their activities.
16.
In the ancient India, as is apparent from various historical
events, recorded in books as well as Hindu Texts, the Temples,
Maths and other similar institutions had been playing a pivotal role
for shaping the society by providing education, academic, practical
and weaponry training for protection of self as well as society in
Vayayamshalas (Modern Gyms), Gurukuls attached with Temples,
and producing masters in all fields as depicted in Sanskrit verse
Sastra Shashtre Ch Kaushlam, i.e. to produce great academicians
as well as warriors.
17.
Temples and Maths, since time immemorial, have been
professing, promulgating, educating, promoting and encouraging
society to follow the Ashtang Yoga for complete harmony in life with
self, family, society, and nature, including forests and animals. In
ancient India, temples were far more than just places of worship;
they were the vibrant heart of society, playing a pivotal role in its
upliftment. These sacred spaces functioned as dynamic hubs for
social, economic, cultural, and intellectual life, fostering a holistic
development that touched every member of the community.
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Temples were instrumental in fostering a sense of community and
social solidarity. They served as central gathering places where
people from all walks of life would come together for festivals,
religious
ceremonies, and social events. This interaction
strengthened social bonds and created a shared identity among the
people.
18.
Beyond fostering community spirit, temples were also
centres of social welfare. Many temples ran hospitals and offered
medical services to the sick and needy. They also provided food and
shelter to travellers and the poor, ensuring a safety net for the
vulnerable sections of society. In an era before formal schooling was
widespread, temples were the primary centres of learning. They
housed pathshalas (schools) and gurukuls (residential learning
centres) where students received education in a wide range of
subjects,
including
religious
scriptures
and
philosophy,
Mathematics and astronomy, Literature and grammar, Medicine
and law, etc. Renowned scholars and sages often resided in or were
associated with temples, attracting students from distant lands.
These institutions played a crucial role in preserving and
transmitting knowledge across generations. The emphasis was not
just on rote learning but also on fostering critical thinking through
debates and discussions.
19.
Temples were the biggest patrons of art and culture in
ancient India. The magnificent architecture of the temples
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themselves, with their intricate sculptures and towering gopurams,
stands as a testament to the artistic brilliance of the time. They
provided a platform for various art forms to flourish, including
Classical dance and music, which were often performed as part of
temple rituals, Painting and sculpture, with temple walls and
sanctums adorned with depictions of deities and mythological
scenes, and Literature and drama, with many temples having
dedicated halls for performances. By patronising artists and
providing them with a space to showcase their talents, temples
ensured the preservation and propagation of India's rich artistic
and cultural heritage. They were, in essence, living museums that
celebrated the creative spirit of the people, and their role in ancient
India extended far beyond the spiritual realm. They were
multifaceted institutions that were deeply integrated into the social,
economic, and cultural fabric of life, playing an indispensable role
in the overall upliftment and prosperity of society.
20.
Temples and Maths across the nation served as vibrant
and clandestine hubs for the freedom struggle. More than just
places of worship, these sacred spaces transformed into nerve
centres for planning, mobilisation, and resistance against British
colonial rule. From fostering nationalist sentiment to providing
refuge for revolutionaries, the role of temples in India's fight for
freedom was multifaceted and profound. In an era of strict
surveillance, temples offered a unique sanctuary for freedom
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fighters. Their sacred precincts, bustling with devotees, provided
the perfect cover for clandestine meetings and strategic planning.
The Sarasbagh Mandir in Pune, for instance, was a secret
headquarters for Maratha warriors plotting against the British. Its
location on an island made it a secure and secluded spot for
sensitive discussions. Similarly, from 1940 to 1947, the ancient
Banke Bihari Mandir in Hamirpur, Uttar Pradesh, served as a
hideout and a strategic centre for revolutionaries. Temples often
became the flashpoints that ignited popular uprisings. The
Augharnath Mandir in Meerut played a pivotal role in the First War
of Indian Independence, 1857. The refusal of the temple priest to
allow Indian soldiers, who had been forced to use controversial rifle
cartridges greased with animal fat, to enter the temple premises
fanned the flames of discontent and ultimately triggered the
rebellion. Religious festivals and gatherings in temples were
powerful platforms for nationalist leaders to connect with the
masses and disseminate their message of freedom. The charged
atmosphere of these events, steeped in cultural and religious
fervour, was skillfully harnessed to instil a sense of national pride
and unity. The use of religious symbols and narratives resonated
deeply with the common populace, making the call for
independence a righteous and sacred duty. Certain temples became
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enduring symbols of the sacrifices made during the freedom
struggle. The Tarkulha Devi Mandir in Gorakhpur is associated
with the valour of the freedom fighter Babu Bandhu Singh, who is
said to have offered the heads of British soldiers to the deity. His
martyrdom and the legends surrounding the temple inspired
generations of freedom fighters. The Tamoli Mandir in Kannauj
became the launchpad for the Quit India Movement in the region.
In 1942, freedom fighters defied British orders and gathered at the
temple to sound the bugle for the "Do or Die" movement, marking a
significant escalation in the struggle for independence. The temples
of India were not merely passive backdrops to the freedom struggle
but active participants in the fight for independence. They provided
a sacred and secure space for revolutionaries, served as platforms
for mass mobilisation, and became potent symbols of national pride
and resistance. Their role in intertwining the spiritual and the
political was instrumental in shaping the course of India's journey
to freedom.
21.
By passage of time, and also on account of invasion or
otherwise, there was deterioration and distortion in the conduct of
Hindu Society, leading to adoption of unacceptable and evil
practices, like untouchability, Sati Pratha, debarring females from
education and decision-making process, child marriage, etc., which
were and are in conflict with the core principles of Hindu
Philosophy.
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22.
Though people advocating for continuation of caste system
and discrimination based thereon, relates it with religion, however,
they do so because of ignorance as such thoughts are contrary to
basic and true essence of religion. It is basic spiritual as well as
religious mandate of all religions that God is everywhere, in
everyone and everyone is equal before God. Not only this, it is also
considered that existence of God is not only in living creatures but
is also in non-living things and, thus, no one is to be discriminated
on account of sex, caste, creed, race, colour or financial status.
23.
In Shrimad Bhagwat Gita also, which is said to be
message of God, it is propounded that the one who discriminates
amongst the creatures of God and do not see presence of God
everywhere can never attain selfrealization and blessings of God.
Discrimination on the basis of caste sometime is propounded on the
basis of some Samritis and Puranas, forgetting the basic principle
that the highest source of religious norms are Vedas and anything
in any other religious texts, including Samritis and Puranas, which
is contrary to the principles propounded in Vedas, is to be
considered ultra vires to Vedas and, thus, contrary to Dharma and,
therefore, is to be discarded. Vedas propound a principle of equality
and betterment of all without any discrimination by pronouncing
that we should work together, eat together, march together and live
together for betterment and progress of all. Discrimination on the
basis of caste, under the garb of religion, is antithesis of basic
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spiritual and religious principles which are, unfortunately, relied
upon for discrimination. Therefore, discrimination on the basis of
caste, creed, area or any other count, is not only in violation of
constitutional mandate but also in opposition to real Dharma.
24.
It would also be relevant to refer instances of Kanak
Jharokha in Sri Krishna Temple at Uddupy, where Bhagat Kanak
was not permitted to have Darshan of Lord Krishna because of his
caste, but was advised to have Darshan from a Ventilator
(Jharokha) existing on the side of the temple, whereupon he sat for
Darshan of Lord Krishna in front of that ventilator with
determination to leave the place only after Darshan. In the
morning, when Pujari opened the doors of the Temple, he found
that face of Idol of Lord Krishna had turned towards the Ventilator
(Jharokha) and since then, till now, Darshan of Lord Krishna in
Uddupy Temple is available from Jharokha side, which depicts that
God treats all equal irrespective of their caste. Similar examples
from Ramayana, like instances related to Shabri and Nishad Raj are
also eye-openers for persons advocating discrimination in the name
of caste, gender, status or any other reason.
25.
Inter-caste marriages were also permissible in ancient
Bhartiya society but for evils of Medieval period wrong perceptions
have clouded the rich values and principles of our culture and
civilization. Marriage of Shantunu and Satyavati; Satyavan and
Savitri; Devhooti and Rish Kardam; Vidottama and Kalidas; and
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Dushyant and Shakuntla are well known examples of intercaste
marriages.
26.
To eradicate practices in conflict with and forbidden by
real Dharma, including referred supra, innumerable Saints, Seers,
Religious Gurus and Social Reformers played a significant role in
reforming not only the Hindu Society but the entire Bharatiya
society.
They also propagated tenets of the Hindu Religion in
simplified form in local languages and dialects, which were and are
existing in Ancient Texts in Sanskrit and were not accessible to the
common man for want of education and lack of knowledge of
Sanskrit. Innumerable social and religious reformers like Raja Ram
Mohan Roy, Ishwar Chandra Vidyasagar, Swami Dayanand
Saraswati, Jyotiba Phule, Savitri Bai Phule, Sister Nivedita, Pandita
Ramabai, Dr Bhimrao Ramji Ambedkar, Annie Basant,
Ramakrishana Paramhansa, Swami Vivekanand, Maharishi Arvind,
Maharishi
Raman,
Paramahansa
Yogananda,
Chaitanya
Mahaprabhu, Swaminarayan, Ramanujacharya,,
Gopal Krishna
Gokhale, Narayan Malhar Joshi, Bal Gangadhar Tilak, Vinayak
Savarkar Damodar, Dr Keshav Rao Hedgewar, Venkat Ramasami
Pariyar, Thiruvaluvar, Anandmayi Maa, Basveshwara, Swami
Sharadhanand, Samarth Guru Ramdas, Sant Gyaneshwar, Sant
Tuka Ram, Guru Nanak, Lord Budhha, Jain Tirthankara,
Dashmesh Guru Govind Singh, etc., worked tirelessly to eradicate
the social evils from the society.
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27.
On account of the awakening of society, a large number of
institutions, organisations and groups like Brahamo Samaj, Arya
Samaj, Vishnoi Samaj, Brahma Kumaris, Gyan Prasarak Mandlis,
reformer societies like Radha Swami, Nirankari, etc., also played a
vital role in eradicating evil practices. The Temple Entry Movement,
a significant chapter in the freedom struggle, challenged the
discriminatory practice of barring certain castes from entering
temples. Led by stalwarts like Mahatma Gandhi and Dr B.R.
Ambedkar, this movement was a powerful assertion of equality and
a crucial step towards forging a unified national identity.
28.
In an era of rapid social change and evolving spiritual
needs, Hindu temples have the potential to reclaim their historical
dynamism and become powerful catalysts for the transformation of
modern Hindu society. Moving beyond their essential role as places
of
worship, temples can become vibrant hubs that nurture
community, foster social progress, and inspire a renewed sense of
dharma.
29.
Historically,
Hindu temples were the nucleus of
community life, serving as centres for education, social welfare,
arts, and even economic activity. They were not merely silent
sanctuaries for prayer but bustling ecosystems that supported and
enriched every facet of society. To drive positive change today,
temples can draw inspiration from this holistic legacy and adapt it
to the challenges and opportunities of the 21st century.
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30.
Emulating their historical role, temples can become
epicentres of seva (selfless service). Many already run annadhanam
(food donation) programs, but this can be expanded to include
healthcare camps, legal aid clinics, and skill development
workshops. By actively serving the underprivileged, temples can
become powerful agents of social upliftment and embody the core
Hindu principle of compassion for all beings.
31.
Temples can engage the youth by offering courses on
Hindu philosophy, ethics, and their practical application in daily
life, establish platforms for young people to discuss their faith, ask
questions, and take leadership roles in temple activities, which
would foster a sense of belonging and ownership, by organizing
sports tournaments, yoga camps, and cultural festivals temples can
become more appealing and relevant to the younger generation.
32.
Temples can provide platforms for women to take on
leadership roles in religious ceremonies and philosophical
discourses. They can form groups to provide financial literacy,
vocational training, and support against domestic violence. They
can organise special events and workshops that highlight the
importance and power of the feminine in Hindu cosmology. These
activities will foster female inclusion in the Hindu Society, taking it
to a greater height.
33.
Temples have always been custodians of Hindu culture. In
the modern era, they can continue this legacy by providing
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patronage and performance spaces for classical music, dance, and
folk arts that are integral to Hindu heritage, organizing lectures,
debates, and seminars on various aspects of Hindu philosophy,
science, and their interface with contemporary issues. This can help
in
dispelling misinformation and fostering a more nuanced
understanding of the faith, creating repositories of ancient texts,
scriptures, and scholarly works, and making them accessible to a
wider audience through digitisation and translation in English and
various other languages. In a multi-religious society, temples can
play a crucial role in promoting peace and understanding by
inviting scholars and leaders from different faiths to engage in
constructive conversations and celebrate shared values, hosting
joint celebrations of festivals and cultural events with other
communities, actively promoting a message of inclusivity and
respect for all religions, thereby countering extremist narratives.
These activities will propagate the ancient wisdom of Sarv Dharam
Sambhav.
34.
For temples to realise their transformative potential, a
shift in mindset is required. Temple administrations, spiritual
leaders, and the wider community must work together to create a
more inclusive, progressive, and socially responsive environment.
By embracing their rich heritage of service and community
engagement, temples can once again become the beating heart of a
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rejuvenated and dynamic Hindu society, guiding it towards a future
rooted in dharma and universal well-being.
35.
The administration of temples and their funds is rooted in
Article 25 (2) of the Indian Constitution, which allows the State to
make laws for regulating or restricting any economic, financial,
political, or other secular activity which may be associated with
religious practice. Article 25 of the Constitution of India reads as
under:
36.
“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,
practice 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.”
Leaving apart the history and ancient values of Bhartiya
society, we all are living in a country governed by constitutional
mandate and ‘Rule of Law’ is to prevail in all eventualities. Freedom
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of conscience and free profession, practice and propagation of
religion, as provided in Article 25 of the Constitution, is subject to
public order, morality and health and also to the other provisions of
Part-III of the Constitution. Article 25 starts with restriction clause,
which clearly indicates that practice, propagation and professing of
any religion, freedom of conscience, which is damaging or is in
conflict with public order, morality and health and other provisions
contained in Part-III of the Indian Constitution, is not permissible.
Therefore, for propagating real Dharma and the Bhartiya values, as
discussed supra, and also as per mandate of the Constitution, all
citizens and institutions of Bharat, including the Temples and
Matths, are expected and are bound to act accordingly, and to take
initiative for establishment of healthy, harmonious, peaceful,
progressive Bhartiya Society, which is ultimate goal of Hindu
Religion and philosophy.
37.
The State has the authority to take steps for reforms in the
Hindu Society to regulate economic, financial activity associated
with religious practice. Therefore, keeping in view the role of the
temples as well as constitutional duty bestowed upon the State
under Article 25, it is duty of not only of the State, but of the
institutions being controlled by the State in whatever manner,
including by taking over the religious and Hindu charitable
endowments by notifying of such institutions and their inclusion in
Schedule-I to maintain affairs of such institutions.
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38.
Admittedly, Bharat has adopted a secular and democratic
form of Government and the word “secular” in India does not
connote atheism but Sarv Dharma Sambhav. In any case, the State
is not expected to perform religious functions of any religion.
However, by virtue of provisions of Article 25 of the Constitution of
India, the State has been vested with power; rather, mandated to
take every step for the reform of the Hindu Religion/society.
Otherwise, when State Officers are inducted as Trustees in the
Temples and Maths, the State, indirectly or directly, involves itself,
through its Officers, not only in secular functions but also in
managing, performing, conducting and regulating religious
functions.
Therefore, apart from the management of secular
functions, it is also the duty of the State to ensure that the income
of the Temple, donations of the devotees, are spent in consonance
with and for the propagation of the true meaning of the Hindu
Religion/Dharma.
39.
Section 17 of the Act defines the areas and causes for
which the Trustee has authority to incur expenditure, and reads as
under:
“17. Authority of trustee to incur expenditure for securing the
health, safety or convenience of pilgrims and worshippers.-
The trustee of a Hindu Public; Religious Institution and
Charitable Endowment may, out of the funds in his
charge, after satisfying adequately the purpose of the
institution or endowment, as the case may be, including
the proper performance of puja and other rituals, incur
expenditure,-
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(a)
for propagation of Hindu religion and faith
according to the tenets of the religious institution;
(b) for establishment and maintenance of the
educational institutions;
(c) for training of vidyarthies; and (d) for securing the
health, safety and convenience of disciples, pilgrims
and
worshippers
endowment.”
40.
visiting
the institution or
The meaning of word “Propagation of Hindu Religion and
Faith” according to the tenets of religious institutions and the role
of Temples and Maths has to be considered in the aforesaid
background.
41.
Hindus organise Katha Puran Saptah, Bhagwat Katha
Saptah, etc., i.e. religious gatherings addressed by Katha Wachak,
Gur or a saint well versed with the text of the Hindu religion and
providing a stage, forum and opportunity to educate and remind the
society about its basic tenets of Dharma to guide the human being
to live life in consonance with the Hindu way of life.
42.
As a trustee, the State and functionaries should evolve a
mechanism, infrastructure to propagate the tenets of Hinduism in
consonance with the Core Principles of Hinduism, teaching of
Saints, Gurus, as well as the mandate of the Constitution. For this,
there is necessity of Archaks, Pandits, Pujarees and Katha Vachaks
of
all
Sections, caste and sects of Hindu society having
temperament and tuning with Hindutva as explained by the Apex
Court based on Hindu Religious texts, way of life propagated by
great Gurus, Saints and social reformers based on Core Principles
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of Hinduism but definitely according to mandate of Vedas as well as
the Constitution.
43.
In the aforesaid background of Hindu Religion, and the
tenets of Hindu Religion, the expenditure to be incurred under
Section 17 of the Act has to be understood. The concern shown by
the petitioner regarding the expenditure of the funds donated by the
devotee is legitimate. Devotees offer donations to temples—and
through them, to the Divine—with the clear belief that these will
support the care of deities, maintain temple spaces, and promote
Sanatana Dharma. When the government appropriates these sacred
offerings, it betrays that trust. Such diversion is not just a misuse
of public donations—it strikes at the core of religious freedom and
institutional sanctity. Therefore, it has become necessary to
regulate the funds donated to the temple to prevent their misuse
and their utilisation for the intended purposes. Hence, we issue the
following directions that the temple funds will only be utilised:
(1)
(2)
To create infrastructure and establish institutions to
provide
teach, learn and propagate Vedas and Yog, and/or
to
financial
establishments.
assistance
to
such
To adopt other temples located in the specified
sphere for maintenance, financial assistance, and
providing paid Pujari, Archak, etc.
(3)
To establish institutions and Ved Gurukuls for
imparting
education
of
Vedas,
Upanishads,
Brahmanas, Aranyaks, and other interpretive texts.
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(4)
(5)
(6)
(7)
(8)
(9)
To create an infrastructure and system to train
Pandits, Pujaris of all sects, and castes of the Hindu
religion to perform the religious rituals.
To recruit/finance Vedic Scholars, including Ritual
Practitioners and Researchers
To organise spiritual lectures, cultural programs,
music and dance festivals
To fund research and documentation on temple
architecture, rituals, and history.
To provide Scholarships, seats in Universities for the
dissemination and propagation of the Hindu
Religion.
To promote Yoga, Sanskrit, Ayurveda and Bhartiya
Darshan, including Nayaya Darshan and Jyotish
Vigyan.
(10) To promote and propagate the core principles of the
Hindu Religion, which are common for all.
(11) To promote charity (Propkaar) not only to the
followers of a particular sect or Hindu Religion or
Hindu Philosophy, but to every living human being
in accordance with the Vedic philosophy of Tat Tvam
Asi" (That Thou Art)
(12) To organise debates, quiz, declamations, Seminars
and other such activities in Schools, Colleges and
other Educational Institutions on ancient Indian
Texts, Values, saints and seers.
(13) To publish scriptures, religious texts, calendars, and
educational booklets, the translation of Sanskrit
scriptures into multiple languages to make them
accessible and understandable to a common person.
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(14) To construct, renovate, preserve and expand the
temple structures, gopurams, mandapams, and
shrines.
(15) To construct yagyashalas and halls which can be
used for performing various Anushthans, Yagya and
sanskars like upnayan, namkaran and vivah etc.
(16) To construct and maintain approach roads to
temples and temple tanks (pushkarinis).
(17) To provide electricity, lighting, sound systems, water
supply for temple premises, Security systems,
CCTV, and fire safety equipment
(18) To construct pilgrim rest houses (choultries,
dharmashalas), provide Free or subsidised meals
(annadanam schemes), drinking water kiosks and
sanitation facilities, Parking areas and queue
management systems and medical facilities for
pilgrims during major festivals.
(19) To run Schools and colleges, Hospitals,
dispensaries,
including
Ayurveda
institutions
and/or combined with two or more pathies.
(20) To organize eye camps, blood donation camps, etc.
(21) To run and manage cowsheds (goshalas) for the
protection and care of cattle.
(22) To support destitute, old-age homes, and
orphanages
(23) To provide Disaster relief in the spirit of dharma, but
not as a contribution to the various funds of
Government and someone else, but by providing it
directly in the name of the temple, by the Trust
without any mediator, including Government.
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(24) To undertake heritage conservation projects for
ancient temples.
(25) To preserve temple arts.
(26) To undertake activities to eradicate any kind of
discrimination as well as untouchability, and to
promote inter-caste marriage.
(27) To provide authoritative transalation of Hindu Texts
and Scriptures.
(28) To publish, distribute and to make available for
sale/purchase authorized Hindu Texts, like Veda,
Upnishad, Biographies of Saints, Seers and elevated
saints in Sanskrit with genuine translation.
(29) To propagate Hindu Religion, Philosophy and
Bhartiya values in the society amongst all,
irrespective of sect, religion or faith.
(30) To provide Salaries and pensions of temple staff and
archakas (priests), Audit and accounting expenses,
legal expenses for protecting temple property and
lands, digitisation of temple records and donation
systems.
(31) Expenditure for any other act or work incidental,
ancillary and necessary to perform aforesaid or any
other functions.
Prohibited areas for expenditure:
Every rupee of temple funds must be used for the
temple’s religious purpose or dharmic charity. It cannot be
treated like general revenue for the State or general public
exchequer. It cannot be diverted to or transmitted or
donated to any welfare schemes of the Government or
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CWP No.1834 of 2018
other similar purpose or activity unrelated to the temple or
religion. Therefore, the temple fund cannot be utilised:
1)
2)
3)
4)
5)
6)
7)
8)
For the construction of roads, bridges, and public
buildings which are to be constructed by the State
and/or that are not connected to the temple.
For any Government welfare schemes.
For investing in private businesses or industries for
profit.
For Running shops, malls, or hotels not linked to
pilgrim welfare or not beneficial for advancing the
purpose of the Act.
For purchasing Vehicles for the Commissioner,
Temple Officer, etc. Where the Commissioner and
Temple Officer undertake activities related to the
temple, they can only seek the reimbursement of the
expenses made by them for the aforesaid purposes
by using their official vehicles/other vehicles at
Government rates.
For purchasing gifts for the VIPs visiting the
temples, including momentos, photos, picture of the
Temple.
For purchase of any item including Chunni,
Prasadam, Almond, Kaju, Dakh, etc., for presenting
to VIPs, etc.
For funding religious events of other faiths or inter
faith, social or political programs.
Public Display of Accounts:
Temples should publicly display their Monthly income &
expenditure, details of projects funded by donations and audit
summaries on notice boards or websites to instil confidence in the
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devotees that their donations are being utilised for the propagation
of the religion and welfare of Hindus.
Audit:
Every temple must maintain proper accounts of income and
expenditure, which will be audited annually, and the result of the
audit will be published to ensure that the funds are being utilised
for the intended purpose.
Personal responsibility:
Where it is found that any trustee has misutilised or cause to
misutilize the funds of the temple, it will be recovered from him and
he will be personally held liable for the misutilisation of such funds.
It must always be remembered that the deity is a juristic person,
funds belong to the deity, not the government, trustees are only
custodians, and any misuse of temple funds amounts to criminal
breach of trust.
Petition stands disposed of, in aforesaid terms, alongwith
pending application(s), if any.
October 10, 2025(sd)
(Vivek Singh Thakur)
Judge.
(Rakesh Kainthla)
Judge.
