Context

The recent controversy in Tamil Nadu concerning the diversion of temple funds to build colleges has ignited heated political debates. Beyond immediate political disputes, this issue highlights a distinctive social justice framework embedded in the governance of secular activities connected to religion. This model traces back to a 200-year-old legislative tradition from the erstwhile Madras Presidency, which continues to influence South Indian governance today.

Historical Background of Religious Endowments

Regulation of Religious Endowments in India

• The Religious Endowment and Escheats Regulation of 1817, enacted by the East India Company, established the first legislative framework for overseeing temple affairs.
• When the British Crown took over India in the mid-19th century, Queen Victoria’s Proclamation of 1858 emphasized non-interference in religious practices, a response to the religious tensions of the 1857 Sepoy Mutiny.
• Despite this non-interference stance, the colonial administration continued regulating temple endowments mainly for revenue collection and administrative control.

History of South Indian Temples’ Endowments

• Temples in South India have traditionally been more than just places of worship.
• Since the Chola Empire (970 AD), rulers endowed temples generously with land and wealth.
• Historian Anirudh Kanisetti highlights how queens like Sembiyan Mahadevi strategically endowed temples to become socio-cultural centers.
• During the Vijayanagara period, temples functioned as hubs for education, culture, and welfare activities.
• Architectural features such as large mandapams (pillared halls) served as venues for cultural and educational events.
• This historic role supports the notion that using temple funds for modern education aligns with the original intent of these endowments.

The Legal Framework

• The legislative control over temple funds in Tamil Nadu and other South Indian states evolved over time, culminating in the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act of 1959.
• Section 36 of the Act allows trustees of religious institutions to use surplus funds—after covering temple maintenance and staff training—for other legally sanctioned purposes, subject to approval from the Commissioner.
• Section 66 permits the use of surplus funds for establishing and maintaining universities or colleges, as long as these institutions include studies related to Hindu religion or temple architecture.
• Constitutional courts have repeatedly upheld the legality of this framework, affirming the state’s right to manage temple funds to further public welfare.
• Thus, diverting temple funds for educational institutions is both lawful and consistent with the traditional practice of using temple wealth to support education and societal development.

The Debate: Government Control of Temples, Social Justice, and Reform

Government Control of Temples

• The discussion on government control over temples transcends mere legal issues and is deeply connected to South India’s legacy of social justice.
• Historically, temple endowments were a tool used by rulers to fund welfare activities.
• Colonial governance continued this tradition by administering temples to ensure their upkeep and proper allocation of resources for public benefit.

Social Justice and Reform

• The Self-Respect Movement of the early 20th century viewed temple regulation as crucial for dismantling caste hierarchies and promoting social equity.
• Government oversight enabled landmark reforms like the Temple Entry Acts of 1936 and 1947, which opened temple access to oppressed castes.
• Tamil Nadu and Kerala have pioneered the appointment of priests from backward classes, a change achieved after long legal struggles and social activism.
• Opposing state management of temple affairs risks reversing these decades-long reforms and undermining efforts toward caste equality.
• Government regulation thus guarantees not only the lawful use of temple surplus but also the preservation of a broader egalitarian legacy.
• Repealing these controls would amount to rolling back significant social justice progress.

Conclusion

The controversy over using temple funds for education is not simply a legal matter but one of historical continuity and social justice. Temples in South India have historically been centers of culture, education, and welfare, a tradition preserved under the HR&CE Act of 1959. Using surplus temple funds to build colleges is both legally sanctioned and consistent with the traditional role of temples in community development. More importantly, it embodies a social justice model that has shaped South Indian politics and society for over a century.