New Delhi: Noting that temples have inherent heritage value, the Madras High Court Wednesday issued a slew of guidelines to the Tamil Nadu government for the preservation of ancient temples and monuments in the state.
Tamil Nadu has the highest number of such temples and monuments in the country and, in their order, justices R. Mahadevan and P.D. Audikesavalu reproached the state for having “miserably failed” to protect and preserve these places of national importance.
“The legends of this land are recognized and accepted throughout the world. The religious faiths and beliefs and the value of hymns are now accepted by the people of other countries despite there being an outcry against the same in our own country for political appeasement,” observed the court.
The order came on suo motu proceedings, which were initiated by the court in 2015, on issues related to Tamil Nadu’s cultural heritage.
In its 225-page judgment, the Madras HC exercised its ‘parens patriae’ jurisdiction — a provision that allows the court to act as parent to someone who needs protection — to put forth elaborate guidelines for the state government.
The directions include setting up a special tribunal to deal with disputes related to temple management, evict encroachers, recover rent arrears, take action against government officials who fail to act against defaulters, utilisation of funds for management of temples and audit of temple assets.
The court also asked the government to constitute a high-level committee to review the Tamil Nadu Hindu Religious and Charitable Endowments Act, of 1959 (HR&CE Act) once in three years and suggest necessary amendments, subject to judicial review.
The HR&CE Act is a special law in the state that was enforced in April 1960 to preserve the ancient monuments.
However, the court came down heavily on departments of the HR&CE and archaeology for not doing enough for the upkeep of ancient temples and idols.
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‘HR&CE Act failed to preserve monuments and temples’
According to the Madras HC, the ancient temples and monuments in the state are not only markers of ancient culture but “also a testimony of pride and knowledge of talent in the field of arts, science and sculpture”.
The bench went on to note that despite having a special law for the preservation of these monuments, the Tamil Nadu government failed to do so, citing the multiple idol thefts that have taken place.
Of a total of 42,000 temples in the state, 38,000 are under the control of the HR&CE department.
In its judgement, the court said that more than 61 years after the law became operational in the state, the HR&CE department had still not taken inventory of the idols, properties, jewels and other articles gifted and owned by all the temples.
“It is their primary duty to protect, maintain and safeguard the temples and its valuable idols/antiques, which, this Court with great anguish, expresses that the department has failed to,” said the court.
It added that even the special police unit that was set up in October 1983 to investigate theft of idols, has become “effectively ineffective”.
‘Constitution mandates state protect monuments’
The Madras HC further noted that Tamil Nadu’s HR&CE, coupled with the directive principles outlined in the Constitution, mandates the state to protect monuments, places and objects of national importance,
The Constitution also obliges the citizens to value and preserve the rich heritage “which goes without saying that it includes temples, arts, sculptures and scriptures”, it added.
The court particularly cited Article 49 and Article 51A(f) of the Constitution.
Article 49 states that “it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.”
Meanwhile, according to Article 51A(f), it shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture.
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How temple funds should be used
The HC bench further noted that temple land cannot be alienated and “the land shall always remain with the temples”.
The court, therefore, fixed a six-week deadline for the government to prepare a list of defaulters and encroachers on temple lands, and said that action will be initiated against those officials who fail to act within the stipulated time
It further directed that the funds of the temples shall first be utilised for the maintenance of temples, conducting temple festivals, payment to its staff including the archakas (priests), oduvars (those who sing during prayers), musicians, folklore and drama artiste.
Surplus funds, the HC said, will be utilised for attending the repair and maintenance of other temples in the state.
The central government was also ordered to implement the Ancient Monuments Act in letter and spirit, by declaring all religious structures more than 100 years old, including temples, temples’ tanks, mutts, temple chariots, jewels, art, artefacts, and sacred groves, as monuments of national importance.
Order on suo motu PIL initiated in 2015
The HC order came on a suo motu proceedings that were initiated on 6 January 2015 by a bench headed by then Chief Justice Sanjay Kishan Kaul, who is now a sitting Supreme Court judge.
The proceedings were based on a 2015 report published in The Hindu titled ‘Silent Burial’.
The report highlighted the inaction of the state government in establishing a statutory authority, framing rules and constituting a 17-member Heritage Commission to advise the state on heritage issues. These provisions were mandated under the Tamil Nadu Heritage Commission Act, 2012.
It further highlighted the government’s failure to set up the Mamallapuram World Heritage Area Management Authority, which was inspired by Hampi World Heritage Area Management Authority in Karnataka, and was meant to conserve the cultural heritage of the area.
While the court issued several directions from time-to-time on the matter, the authorities could not come up with a mechanism to protect the monuments and temples.
This necessitated the formulation of a proper working system, according to the court, in the “interest of the monuments, temples and public at large”.
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