Government can’t use temple funds for public welfare schemes, building roads: HC

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The-dispute-over-the-closure-of-the-cement-plant-reached-the-High-Court

The High Court of Himachal Pradesh has directed the state authorities concerned that every rupee collected by temples must be spent solely on religious, “dharmic” or charitable purposes directly related to them.

The court has held that the temple revenue cannot be treated as general revenue of the state or diverted for any government welfare scheme, civic project or non-religious venture.

A Division Bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla passed detailed directions in this regard. According to the directives, temple funds cannot be utilised for the construction of roads, bridges or public buildings not directly connected with it, for financing government welfare or public benefit schemes and for investments in private industries or profit-making enterprises.

The court restrained the state authorities from utilising the temple funds for running commercial establishments such as malls, shops or hotels unrelated to pilgrim welfare, purchasing vehicles for commissioners or temple officers — only reimbursement for temple-related travel is permitted — buying gifts, mementos, or religious items such as “chunni”, “prasadam”, almonds or dry fruits for VIPs, supporting religious events of other faiths or interfaith social and political programmes.

The directive underscores that the temple funds belong to the deity, who is recognised as a juristic person in law, and that trustees and officers are merely custodians. Any misuse or diversion of the temple money will be treated as a criminal breach of trust and recovery will be made from those responsible.

Furthermore, every temple must maintain proper accounts of income and expenditure, which are to be audited annually. The audit reports must be publicly displayed on temple notice boards or websites, ensuring transparency and public confidence in temple administration.

The judgment adds that the move aims to reinforce accountability and safeguard the sanctity of religious institutions, ensuring that devotees’ offerings are used strictly for the propagation of religion and welfare of Hindus.

The court observed that “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 functions of any religion.

However, by virtue of the 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 into 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 temples, donations of the devotees, are spent in consonance with and for the propagation of the true meaning of the Hindu religion/dharma.”

The court passed the judgment on a petition on the issue of the utilisation of the funds of Hindu temples.

Shrine money belongs to deity

The High Court directive underscores that the temple funds belong to the deity, who is recognised as a juristic person in law, and that trustees and officers are merely custodians
The court restrained the state authorities from utilising the temple funds for running commercial establishments such as malls, shops or hotels unrelated to pilgrim welfare, purchasing vehicles for commissioners or temple officers