A petition filed in the Supreme Court by BJP leaders and advocate (Mr) Ashwini Upadhyay

Pass a common law for the management of temples, mosques, churches, and Gurudwaras !

Editorial comments

• Why should such demand have to be made ? The Central Government is expected to pass such a law !
• The progressives and secularists, who otherwise demand equal status for the minorities, will not demand such a law !

New Delhi – All the religious places in this country should be managed in a similar manner and the management of religious places of Hindus, Sikhs, Buddhists, and Jains should be with the respective communities. A petition has been filed for this demand by BJP’s leader and advocate, Mr Ashwini Upadhyay in the Supreme Court by making the Central Home Ministry, Law Ministry, and all States the respondents.

It has been stated in the petition,

1. The religious places of Hindus, Sikhs, Buddhists, and Jain are managed by the Governments. The rights given to the minorities like Muslims, Christians, and Parsis to manage their religious places should also be given to Hindus, Sikhs, Buddhists, and Jains for managing their places of worship.

2. The Government has a right to take over the management of temples under the Endowment Act. Under this Act, the State Governments are controlling places of worship of Hindus, Sikhs, Buddhists, and Jain. The British had passed a law for the first time in this context in 1863 under which the Government took over the right of controlling places of worship of Sikhs, Buddhists, and Jains along with Hindus’ temples, mutts, etc.

3. After this law, the Government passed different laws to take over the management of places of worship of Hindus, Sikhs, Jain, and Buddhists; but the religious places of Muslims, Christians, and Parsis are not under the Government’s control. The condition of temples, Gurudwaras, etc has become quite pathetic due to the Government’s control.

4. Article 14 of the Constitution confers equal rights and Article 15 prevents discrimination. There cannot be discrimination based on sex, caste, religion, and place of birth. Article 25 also talks about religious freedom while Article 26 confers rights to followers of every religion to manage their institutions; but due to the laws of States, Hindus, Sikhs, Buddhists, and Jains are deprived of the rights conferred by the Constitution.

Demands made through this petition –

1. Hindus, Sikhs, Buddhists, and Jains should get the right to manage their places of worship as the right has been given to Muslims, Christians, and Parsis to manage their religious places.

2. Hindus, Sikhs, Buddhists, and Jains should have the right to get moveable and immoveable property for their religious places.

3. The present laws controlling temples should be cancelled.

4. A draft should be prepared for followers of all religions under ‘Common charter for religious and charitable institutes’ by directing the Central Government and Law Commission, and there should be a common law for all the religious places.