GREAT NEWS - Temple trust uniting temples against government takeover

[and/or www.mantra.com/jai (Dr. Jai Maharaj)]

Forwarded message from R. S.

Friday, December 24, 2010

Great News

This is a great news. Organized effort is more successful than a
disunited one. Temple trust of Maharashtra is uniting temples against
government take over of temples and shrines. Congress government in
Maharashtra has passed a law to take over temples and shrines of
Hindus, Buddhists, and Jains. We should encourage temples in othear
states to join hands to oppose government take over. VHP can play a
part in organizing such trusts in other states. Please read the
story.

http://www.dnaindia.com/mumbai/column_temple-trusts-unite-against-draft-law-to-control-their-shrines_1482666

R. S.

Temple trusts unite against draft law to control their shrines

Manoj R Nair
Saturday, December 18, 2010

A two-year-old campaign to oppose a new law that would give the state
power over Hindu religious institutions has been revived by the
formation of a new temple federation in the state.

Three weeks ago in Mumbai, opponents of the legislation formed the
Maharashtra Temple and Religious Institution Federation (Mandir ani
Dharmik Sanstha Mahasangh) which, among other things, will oppose
plans to give the state more control over the management and finances
of the state’s Hindu, Jain, Sikh and Buddhists shrines.

In the past, the state government has passed separate legislations to
take over the administration of three of the biggest shrines in the
state -- Pandharpur, Shirdi and Siddhivinayak. However, the 15th law
commission proposed a single bill to take control of all shrines in
the state.

"When the government takes control of single temples, trusts find it
difficult to fight the takeover. We have gathered temples under one
association to fight the law," said Ramesh Shinde of Hindu Janjagran
Samiti, one of the groups leading the protests against the law.

The proposal to enact the law was first made in 2007. The draft of
the new act is ready and, while it unlikely that it will be discussed
in the current meet of the state legislature, the state government
has made it clear that it proposes to bring in the new act.

Opponents of the proposal were galvanised a few months ago when the
then state law minister Radhakrishna Vikhe-Patil said that corruption
was a problem in temple trusts and that the government has decided to
enact the law. Though the state chief minister later clarified that
they were not in a hurry to introduce the legislation in the
assembly, the temple federation was formed in response to the
government plans.

Opponents of the bill say that it targets only institutions owned by
some communities while allowing other groups tomanage their religious
affairs independently.

While agreeing that temple trusts are often guilty of corruption,
they say that government interference is not the solution to the
problem.

Chanchal Choudhary of the T G Charitable Trust that manages some of
the oldest temples in Mumbai like Mahalaxmi’s Dhakleswar shrine said,
"It is strange that at a time when the government is diluting its
stake and control in companies, it is interested in running religious
institutions."

Jain groups have joined the opponents as their shrines will also come
under the ambit of the law. "This law is interference in the
religious affairs of certain communities. We will keep on opposing
it," said Mangalprabhat Lodha, a Jain member of legislative assembly
from Mumbai.

There are around 4,00,000 temples and religious institutions in the
state. The new federation is now enrolling members from across the
state. Apart from campaigning against the proposed act, the group
says that will also restore dilapidated shrines in the state.

End of forwarded message from R. S.

Jai Maharaj, Jyotishi
Om Shanti

o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.

FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.

Since newsgroup posts are being removed
by forgery by one or more net terrorists,
this post may be reposted several times.

[and/or www.mantra.com/jai (Dr. Jai Maharaj)]

Post by and/or www.mantra.com/jai (Dr. Jai Maharaj)
Forwarded message from R. S.
Friday, December 24, 2010
Great News
This is a great news. Organized effort is more successful than a
disunited one. Temple trust of Maharashtra is uniting temples against
government take over of temples and shrines. Congress government in
Maharashtra has passed a law to take over temples and shrines of
Hindus, Buddhists, and Jains. We should encourage temples in othear
states to join hands to oppose government take over. VHP can play a
part in organizing such trusts in other states. Please read the
story.
http://www.dnaindia.com/mumbai/column_temple-trusts-unite-against-draft-law-to-control-their-shrines_1482666
R. S.
Temple trusts unite against draft law to control their shrines
Manoj R Nair
Saturday, December 18, 2010
A two-year-old campaign to oppose a new law that would give the state
power over Hindu religious institutions has been revived by the
formation of a new temple federation in the state.
Three weeks ago in Mumbai, opponents of the legislation formed the
Maharashtra Temple and Religious Institution Federation (Mandir ani
Dharmik Sanstha Mahasangh) which, among other things, will oppose
plans to give the state more control over the management and finances
of the state’s Hindu, Jain, Sikh and Buddhists shrines.
In the past, the state government has passed separate legislations to
take over the administration of three of the biggest shrines in the
state -- Pandharpur, Shirdi and Siddhivinayak. However, the 15th law
commission proposed a single bill to take control of all shrines in
the state.
"When the government takes control of single temples, trusts find it
difficult to fight the takeover. We have gathered temples under one
association to fight the law," said Ramesh Shinde of Hindu Janjagran
Samiti, one of the groups leading the protests against the law.
The proposal to enact the law was first made in 2007. The draft of
the new act is ready and, while it unlikely that it will be discussed
in the current meet of the state legislature, the state government
has made it clear that it proposes to bring in the new act.
Opponents of the proposal were galvanised a few months ago when the
then state law minister Radhakrishna Vikhe-Patil said that corruption
was a problem in temple trusts and that the government has decided to
enact the law. Though the state chief minister later clarified that
they were not in a hurry to introduce the legislation in the
assembly, the temple federation was formed in response to the
government plans.
Opponents of the bill say that it targets only institutions owned by
some communities while allowing other groups tomanage their religious
affairs independently.
While agreeing that temple trusts are often guilty of corruption,
they say that government interference is not the solution to the
problem.
Chanchal Choudhary of the T G Charitable Trust that manages some of
the oldest temples in Mumbai like Mahalaxmi’s Dhakleswar shrine said,
"It is strange that at a time when the government is diluting its
stake and control in companies, it is interested in running religious
institutions."
Jain groups have joined the opponents as their shrines will also come
under the ambit of the law. "This law is interference in the
religious affairs of certain communities. We will keep on opposing
it," said Mangalprabhat Lodha, a Jain member of legislative assembly
from Mumbai.
There are around 4,00,000 temples and religious institutions in the
state. The new federation is now enrolling members from across the
state. Apart from campaigning against the proposed act, the group
says that will also restore dilapidated shrines in the state.
End of forwarded message from R. S.

Forwarded message from S. K.

Friday, December 24, 2010

SC curbs State bid to control temples

Pratap Patnaik
Deccan Herald
August 14, 2009

Indraprasth aka New Delhi - The Supreme Court on Friday directed that
the Karnataka government may not take over the management of any
temple in the State under a law enacted in 1997.

A Bench headed by Justice R V Raveendran stayed Section 25 of the
Karnataka Hindu Religious Institutions and Charitable Endowments Act,
1997, that permitted the State Government to take over the management
of temples. "Section 25 of the Act is stayed," the Bench said after
the State Government failed to defend itself with reasoned arguments.
Appearing for Udupi and Dakshina Kannada Temples Management
Association, senior advocate K K Venugopal and advocate Sharan Thakur
sought direction restraining the State Government from taking over
the management of temples. State Government advocate Sanjay Hegde
said the Supreme Court had earlier stayed the Karnataka High Court
ruling.

"If committees are constituted under the 1997 Act, the applicants
will be put in irreparable injury and hardship," said a petition
filed by the Sahasra Lingeswar temple and others.

In September 2006, a Karnataka High Court Division Bench comprising
Justices Gururajan and C R Kumaraswamy struck down the entire Act as
unconstitutional. The Bench stated it was arbitrary and violative of
Articles 14, 25 and 26 of the Constitution. However, the Supreme
Court stayed the High Court order on April 2, 2007, following a
special leave petition (SLP) by the State Government.

The State Government's argument was two-fold: protecting the
livelihood of 70,000 priests and managing hundreds of temples and
trusts.

These issues were at the centre of a controversy between the temples
and the state government ever since the Act came into being.

The State Government had submitted that a high-powered committee
headed by Justice M Rama Jois had been formed to look into the
grievances of the priests and other office bearers of the temples.

The priests and temple trusts challenged the Act in the High Court,
claiming it was discriminatory and not uniformly applicable to all
religious institutions, including mutths.

The State Government had issued notices to over 200 temples in North
Karnataka, including the Banashankari temple in Badami,
Veerabhadreshwara temple at Godachi in Raibagh taluk of Belgaum
district and the Hanuman temple in Haveri, informing them about the
appointment of committees that would recommend taking over their
management.

- - - - -

GOVT. CANNOT USE TEMPLE FUNDS FOR OTHER RELIGIONS

Government has no constitutional right to divide Hindu society
arbitrarily and to compel Hindu temples to provide assistance to
institutions of other religions -- Judgment given by Honorable High
Court (Source: Deccan Herald, September 9, 2006)

Deccan Herald
September 9, 2006

A division bench comprising Justice R Gururajan and Justice C R
Kumaraswamy struck down the Act stating that the legislation violated
Articles 14, 25 and 26 of the Constitution which provided for right
to equality, freedom of conscience and freedom of profession,
practice and propagation of religion and also the freedom to manage
the religious affairs. The order will come into effect prospectively.

The Karnataka High Court on Friday struck down the Karnataka Hindu
Religious Institutions and Charitable Endowment Act, 1997 as
unconstitutional pointing out that its provisions amounted to
"dividing Hindu religion."

A division bench comprising Justice R Gururajan and Justice C R
Kumaraswamy struck down the Act stating that the legislation violated
Articles 14, 25 and 26 of the Constitution which provided for right
to equality, freedom of conscience and freedom of profession,
practice and propagation of religion and also the freedom to manage
the religious affairs. The order will come into effect prospectively.

The bench also side aside an order of a single judge who had upheld
the constitutional validity of the Act last year. Several trustees of
the temples and archaks had challenged the order contending that the
Act divided the Hindu community, besides denying the right guaranteed
under the constitution to establish and manage religious institution.

The court, in its 176-page order, observed that keeping out Maths and
denomination temples from the purview of the Act amounted to
violation of Article 14 of the Constitution. "Religious denomination
does not in any way stand on a different footing than other temples,"
the court observed and said the state has to justify its action of
exclusion of Maths in the Act, which were earlier included in local
Acts.

The court said the Act defined Hindu as not to include Sikh, Jain and
Buddist contrary to constitutional provisions. "Hindu religion is
already divided by way of castes and sub-castes. Now the state wants
to divide Hindus by excluding Jains, Sikhs in terms of a statute",
the court observed.

Regarding the provision in the Act, which makes it mandatory for a
notified temple to contribute 5 per cent of its total annual income
to the "Common Pool Fund", regulated by the Endowment Commissioner,
the court said there cannot be compulsion only for Hindu temples to
provide assistance to institutions of other religions. "Devotees of
Hindu temples provide money for temple purposes and it cannot be
spent for non-Hindu causes," the court observed. The court said the
government could have a commission constituted for temple affairs and
involve Hindu religious leaders, social reformers and other experts
and thereafter proceed to pass a uniform law.

The government can also think of having different regulatory measures
for temples, maths and Jain institutions depending on their religious
beliefs within the provision of the Constitution. "We deem it proper
to observe that the government would be doing a great service to
Hindu society by eliminating all evil corrupt practices, if at all,
prevailing in Hindu institutions. This would go a long way in Hindu
temple reformation," the court observed. Highlights

Leaving Maths and 'denomination' temples out of the purview of the
Act is violation of Article 14 pertaining to right to equality Act
definition that 'Hindu' does not to include Sikh, Jain and Buddist
contrary to Constitutional provisions.

State cannot compel temples to provide assistance to institutions of
other religions Single judge order upholding the validity of the Act
set aside

- - - - -

"There are 2,07,000 temples in Karnataka & the total income of these
temples are Rs 72 crores per year. Only Rs. 6 crore is spent by
government for temples, 50 crores for the madrasas and 10 crores for
the churches, 6 crore for other activities. In a period of 5 years,
50,000 temples will be closed for the want of funds in just Karnataka
alone." - Shri Shri Ravishankar, 2005

Temples in India are under Government control. Only 18% of revenue
generated is said to be given back for temple maintenance, while
remaining 82% is used for other purposes by Govt. at their
discretion. Looting, massive sale of temple lands, demolition,
encroachments is occurring all over AP, Kerala, Maharastra, Tamil
Nadu & Karnataka. As a community it is our duty to protect temples to
save our religion, art, culture and traditions.

End of forwarded message from S. K.

Jai Maharaj, Jyotishi
Om Shanti

o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.

FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.

Since newsgroup posts are being removed
by forgery by one or more net terrorists,
this post may be reposted several times.