Himachal HC prohibits use of temple funds in govt schemes
Shimla, Oct. 15 -- Himachal Pradesh high court issued directions that donations made to Hindu temples must be spent strictly for the propagation of the religion and dharmic purposes, and not diverted to government schemes or unrelated public works.
"...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," read the order of division bench of justice Vivek Singh Thakur and justice Rakesh Kainthla, while disposing of a petition filed by Kashmir Chand Shadyal, who sought strict compliance with the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984, particularly its provisions on budget preparation, maintenance of accounts, and expenditure.
"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," ruled the HC in its order of October 10, judgement of which was made available on Tuesday.
In detailed judgement, HC said, "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 other similar purpose or activity unrelated to the temple or religion".
"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," it further read.
"Therefore, it has become necessary to regulate the funds donated to the temple to prevent their misuse and their utilisation for the intended purposes" ruled high court while listing out that temple funds will only be utilised to further religious, spiritual, and dharmic activities, including the teaching andpromotion of Vedas, Yoga, Sanskrit, temple renovation, charitable work, and welfare of devotees.
The HC clarified that the funds can be "used 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."
High court said that the temple fund cannot be utilised 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 or for any government welfare schemes or for investing in private businesses or industries for profit. The HC said that the donations cannot be used 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.
These funds cannot be used for purchasing gifts for the VIPs visiting the temples, including momentos, photos, picture of the Temple or for purchase of any item, including Chunni, Prasadam, Almond, Kaju, Dakh, etc., for presenting to VIPs, etc.
Promoting transparency, HC said, "Temples should publicly display their monthly income and expenditure, details of projects funded by donations and audit summaries on notice boards or websites to instil confidence in the devotees that their donations are being utilised for the propagation of the religion and welfare of Hindus."
As per high court directions, "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".
To fix accountability high court directed that "Where it is found that any trustee has misutilized 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".
Out of 3,700 temples in Himachal, 36 are under the state government.
The order assumes significance as in February this year BJP had accused the Himachal government of asking money from state controlled temples to finance the "Sukh Ashray scheme" and "Sukh Shiksha scheme"- the flagship welfare scheme of chief minister Sukhvinder Singh Sukhu.
Refusing the allegations, deputy chief minister had saidthat 36 temples of the state are under the government and there is a law for temples. Under which these temples can voluntarily give money to help poor people.
Agnihotri had then said that the government has neither taken money from any temple nor is there any idea of taking any money in the future and had accused BJP of spreading false narrative....
To read the full article or to get the complete feed from this publication, please
Contact Us.