10-26-2005, 06:38 PM
Open Letter to Shri Narayan Datt Tiwari , Chief Minister, Uttaranchal
Subject: Takeover of Hindu shrines, temples and their estates is anti-Hindu, anti- secular and suppression of Hindus right of religious freedom
Hon'ble Chief Minister Shri Tiwari ji,
It is a matter of serious public concern that Hindu religious places now autonomous, should be unilaterally brought under government control, though an unconstitutional law , particularly in a Congress ruled state and despite the party's professed adherence to the principles of secularism. The proposed Uttaranchal Public Religious Institution (Management and Development) Bill-2005 will empower the government to take over the historic akharas, ashrams, trusts and temples like Badrinath, Kedarnath, Yamunotri and Gangotri and other sacred shrines, and govern through a state sponsored "Chaar Dham Vikas Parishad" (attachment A). The state Govt. seems oblivious that the doctrine of nationalization and state control of the places of religious worship and their estates cuts at the very roots of the fundamental principles of secularism which dictates the separation of state and religion.
Assigning such jurisdiction to an autonomous Hindu community Board could be the most appropriate instrument for guidance and governance of shrines and temples to satisfy public and government concerns, if any, on management - the age old practice without the governmental dictates and as followed by other religious communities. Further appointment of auditors and specific recommendations for transparency and accountability but without clamping down government control upon the religious entities could do the job.
Before the state government attempts to impose this highly questionable and provocative law here are some of the basic questions it must ponder upon. What authority, background and special training the government operatives posses for controlling every aspect of the cultural centers of Hindus when the concept of secularism - neutrality towards religions - is enshrined in the Indian constitution? Why not allow an autonomous Hindu board to govern temples under the guidance of religious leaders, just as it is permissible in the case of other religions? The Waqf Board of Muslims and the management of Christian churches and religious institutions have vast funds, properties and endowments, in addition to the immense flow of foreign funds - yet their independence and autonomy is left intact !
By controlling Hindu temples and their estates the Govt. is denying Hindus of their fundamental âReligious Rightsâ guaranteed under Articles 25 and 26 of the Indian Constitution. According to Article 25 of the Constitution, all persons are equally entitled to the right to profess, practice and propagate religion. While Article 26, provides that every religious denomination "shall have the right (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; © to own acquire movable and immovable property; and, (d) to administer such property in accordance with law".
The Indian Parliament through an Act in 1991 legislated that ââthe status of religious places, as on August 15, 1947 shall be retained". The faithful implementation of this law itself will require the authorities to let the control of places of worship be under the Hindu community governance.
The term "secular" was incorporated in the Constitution of India by the 42nd Amendment in 1976. A secular Govt. cannot legitimately be involved in the operation and management of religious places since secularism firmly stands for the separation of state and religion. But In the case of Hindus the Govt. intends to act above and beyond the limitations imposed upon it by the national constitution.
<b> The State government plan to take over all important religious places is a brazen challenge to Hindus. Besides the historic temples of Badrinath, Kedarnath, Gangotri and Yamunotri (the so- caled Char Dhams" in Uttaranchal), other "devasthans" will include -- the Shanidev temple of Khirshali, the entire area of Gomukh, Chandrabadri temple, Raghunath temple and Nagaraj temple of Semmukhem in Devprayag, Rajrajeshwari temple of Shrinagar, Neelkanth, Chandi Devi and Mansa Devi temples of Haridwar, Surkunda Devi and Kunjapuri Devi temples of Tehri, Mata Anusuya Devi, Rudranath and Kalpanath temples of Chamoli, Jwalpa Devi and Dhari Devi temples of Pauri, Hatiyali Devi temple of Rudraprayag, Poorna Devi, Jageshwardham, Kainchi Devi Mandir, Dronagiri temple and Baijnath temple of Kumaun region.</b>
Hon'ble Chief Minister, we have to be candid in assessing the repercussions by this act of usurping all important sacred places, insulting and challenging Hindus on their most intimate and revered sentiments, faiths and places of worship. It may not be surprising that some Hindu youths accept the challenge and come to a conclusion that the way to convince blasphemous politicians is through methods of the Maoists, the LTTE and the jihadists.
Our contention encompasses the legal and philosophical commitment of the secular Indian State - that the management and administration of the religious institutions, their estates and places of worship, must reside in the hands of the representative bodies of the believers. That being the ground rule how would Sikhs (Golden temple), Muslims (Jama Masjid, Aimer Sharif) or Christian churches in India react to Govt. control of their places of worship? Such an intrusion by the government authority in otherwise an autonomous domain has a potential of generating a chain of serious consequences including the charges against the state itself for being a major instrument of dismantling Hinduism.
It is simply disgraceful that the Indian Govt. should subsidize the "Hajj" pilgrimage of the Muslims to the tune of Rs. 200 crores annually and make special reservations for them on the basis of their religion, but on the other hand the State government, under section 50 of the proposed bill with 74 sections, is planning to impose a tax on pilgrims and vehicles visiting religious places in Uttaranchal. This is a crusade to systematically destroy the self- supporting foundations and structures of Hinduism and its religious infrastructure, using unlawful state control as a tool. Such extra legal actions constitute a reverse discrimination against the religion of Indiaâs majority community. It also smacks of imposing Jazzia upon Hindus in their home country âHindustanâ once again.
Sir, could you explain to the majority community electorate your rationale for violating the Indian Constitution, under provisions of which discriminating, managing, reforming or patronizing religions is completely and fully out side the scope of the government in office. If Mahatma Gandhi were alive today, he would have strongly opposed such a move and possibly gone on hunger strike to redress this illogical step. When governments are fast privatizing state owned companies, nationalization of temples is beyond comprehension.
The grandeur of Hinduism - its Vedas, Upanishads, Ramayana, Mahabharatha, the Bhagwad Geeta -its glorious ancient culture, spirituality and values that the community would like to protect, project and propagate can only be done under a devoted Hindu religious governance. There are other dharmik aspects also, e.g. sewa and dharma prachar that only NGOs could pursue - again the practice in vogue in other religious organizations. This is essential for national cohesion and integration, because Hinduism is the single most important unifying factor in India's body politic.
Hon'ble Chief Minister, if Hindus can occupy responsible positions in industry, business and government as you do, why are they not allowed to manage their own "devasthans", particularly when other religionists are permitted? What is it that the proposed Govt. sponsored "Chaar Dham Vikas Parishad" will do but a community Hindu Board cannot do ?
Sir, if the intention of the Act is to rationalize operation and maintenance of shrines, may we suggest that the representatives of shrines, temples, Hindu community and religious leaders from Hindu Dharma Acharya Sabha, etc. be motivated to convene an assembly where they could be asked to take charge of clearly defining the new legal framework for the community governance of the religious places in Uttaranchal - a land of ancient temples. Such an approach among other things could make the Board completely autonomous and thereby responsible for the entire administration including planning, executing, auditing, guiding, investigating and taking corrective steps on allegations or complaints as and when needed.
Hon'ble Chief Minister, may we suggest that rather than taking over the religious places and formation of a Govt. sponsored "Chaar Dham Vikas Parishad" to manage them, you exercise your leadership in motivating the Hindu community to form a Hindu Board that your Govt. will treat on par with the Waqf. The intrusion and imposition of governmental dictates in an otherwise autonomous domain, will justify the charge against your administration of being anti- Hindu and anti- secular. Such charges will include demolishing the Hindu religious infrastructure and undermining the majority community by altering its traditional cultural identity with a view to de- Hinduise India. Consequently, the proposed Act will be termed not only as "anti-Hindu" but also "anti-national" for Hinduism is the single most important unifying factor in India's body politic.
With best wishes and looking forward to your response.
Sincerely,
Dr. Jagan Kaul October 24, 2005
Krishan Bhatnagar
Hindu Jagran Forum (Maryland, USA)
email: krishan.kb@verizon.net
Note: We e-mailed you a letter, pleading against the proposed Bill on April 25, 2005 but sorry to say that we have not got any response from your office so far.
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->
Attachment A
Congress plans to encroach on temple property
By Ravindra Saini
Organiser, October 16, 2005
The Congress Government of Uttaranchal is planning to bring religious places and institutions of Hindus under its control. A bill to this effect is likely to come before the State Assembly soon. The bill, the Uttaranchal Public Religious Institution (Management and Development) Bill-2005, if passed, will empower the government to take over the historic akharas, ashrams, trusts and temples like Badrinath, Kedarnath, Yamunotri and Gangotri and other sacred shrines. Now they are being managed by autonomous bodies and trusts.
The Government wants the State bureaucrats, who are already pre-occupied in so many things, to manage the temples and religious institutions of Hindus in the State. The move has invited a sharp reaction from various Hindu organisations and religious leaders across the State. A copy of the proposed bill has already been circulated among political parties and MLAs of the State.
Uttaranchal is a land of ancient temples and lakhs of people across the country visit the historic temples throughout the year. According to Shri Vinod Nautiyal, former chairman of Shri Badrinath-Kedarnath Mandir Vikas Samiti, besides the historic temples of Badrinath, Kedarnath, Gangotri and Yamunotri, the State government proposes to take over the Shanidev temple of Khirshali, the entire area of Gomukh, Chandrabadri temple, Raghunath temple and Nagaraj temple of Semmukhem in Devprayag, Rajrajeshwari temple of Shrinagar, Neelkanth, Chandi Devi and Mansa Devi temples of Haridwar, Surkunda Devi and Kunjapuri Devi temples of Tehri, Mata Anusuya Devi, Rudranath and Kalpanath temples of Chamoli, Jwalpa Devi and Dhari Devi temples of Pauri, Hatiyali Devi temple of Rudraprayag, Poorna Devi, Jageshwardham, Kainchi Devi Mandir, Dronagiri temple and Baijnath temple of Kumaun region.
The Central government provides air ticket and other facilities to Haj pilgrims. But on the other hand the State government, under section 50 of the proposed bill with 74 sections, is planning to impose a tax on pilgrims and vehicles visiting religious places in Uttaranchal.
The four dhams are not in Uttaranchal, but the State government, through the proposed bill, intends to form a Chaar Dham Vikas Parishad to manage the temples. Not only this, the State government has already appointed a vice president for the Parishad, which is yet to be constituted and has also provided him with all facilities. According to Shri Nautiyal, several Hindu organisations have given a memorandum to the Chief Minister registering their protest against the move. Despite this the government is in the process to get the bill passed by the Assembly as early as possible.
The saints of Haridwar have vehemently opposed the proposed bill and have warned the State government of dire consequences if the move is not withdrawn. The Bharatiya Janata Party and Samajwadi Party are also equally critical of what they called the State governmentâs attempt âto seize control of maths, akharas, ashrams and temples through the back door.â
Talking to Organiser in Dehradun, the State BJP President, Bhagat Singh Koshyari, said his party would fight against the bill tooth and nail. âWe will not allow the proceedings of the House if the government does not desist from attempts to get the bill passed,â he said. The BJP youth wing, Bharatiya Janata Yuva Morcha, organised demonstrations at several places and burnt effigies of Congress leaders in protest. Senior party leader Dr Murli Manohar Joshi alleged that the bill was âa brazen attemptâ to interfere with the affairs of religious institutions.
Samajwadi Party workers also came out on the streets protesting against the Congress governmentâs bid to tighten its noose around religious institutions. The Akhil Bharatiya Akhara Parishad felt deeply hurt by the State governmentâs move. Mansa Devi Mandir Trust President and Akhara Parishadâs spokesperson Mahant Ramanand Puri while denouncing the bill said that the Congress government would have to pay a heavy price. He said the saints of the Akhara Parishad would soon meet to discuss the assault by the Congress on the religious sentiments of Hindus. <!--QuoteEnd--><!--QuoteEEnd-->
Subject: Takeover of Hindu shrines, temples and their estates is anti-Hindu, anti- secular and suppression of Hindus right of religious freedom
Hon'ble Chief Minister Shri Tiwari ji,
It is a matter of serious public concern that Hindu religious places now autonomous, should be unilaterally brought under government control, though an unconstitutional law , particularly in a Congress ruled state and despite the party's professed adherence to the principles of secularism. The proposed Uttaranchal Public Religious Institution (Management and Development) Bill-2005 will empower the government to take over the historic akharas, ashrams, trusts and temples like Badrinath, Kedarnath, Yamunotri and Gangotri and other sacred shrines, and govern through a state sponsored "Chaar Dham Vikas Parishad" (attachment A). The state Govt. seems oblivious that the doctrine of nationalization and state control of the places of religious worship and their estates cuts at the very roots of the fundamental principles of secularism which dictates the separation of state and religion.
Assigning such jurisdiction to an autonomous Hindu community Board could be the most appropriate instrument for guidance and governance of shrines and temples to satisfy public and government concerns, if any, on management - the age old practice without the governmental dictates and as followed by other religious communities. Further appointment of auditors and specific recommendations for transparency and accountability but without clamping down government control upon the religious entities could do the job.
Before the state government attempts to impose this highly questionable and provocative law here are some of the basic questions it must ponder upon. What authority, background and special training the government operatives posses for controlling every aspect of the cultural centers of Hindus when the concept of secularism - neutrality towards religions - is enshrined in the Indian constitution? Why not allow an autonomous Hindu board to govern temples under the guidance of religious leaders, just as it is permissible in the case of other religions? The Waqf Board of Muslims and the management of Christian churches and religious institutions have vast funds, properties and endowments, in addition to the immense flow of foreign funds - yet their independence and autonomy is left intact !
By controlling Hindu temples and their estates the Govt. is denying Hindus of their fundamental âReligious Rightsâ guaranteed under Articles 25 and 26 of the Indian Constitution. According to Article 25 of the Constitution, all persons are equally entitled to the right to profess, practice and propagate religion. While Article 26, provides that every religious denomination "shall have the right (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; © to own acquire movable and immovable property; and, (d) to administer such property in accordance with law".
The Indian Parliament through an Act in 1991 legislated that ââthe status of religious places, as on August 15, 1947 shall be retained". The faithful implementation of this law itself will require the authorities to let the control of places of worship be under the Hindu community governance.
The term "secular" was incorporated in the Constitution of India by the 42nd Amendment in 1976. A secular Govt. cannot legitimately be involved in the operation and management of religious places since secularism firmly stands for the separation of state and religion. But In the case of Hindus the Govt. intends to act above and beyond the limitations imposed upon it by the national constitution.
<b> The State government plan to take over all important religious places is a brazen challenge to Hindus. Besides the historic temples of Badrinath, Kedarnath, Gangotri and Yamunotri (the so- caled Char Dhams" in Uttaranchal), other "devasthans" will include -- the Shanidev temple of Khirshali, the entire area of Gomukh, Chandrabadri temple, Raghunath temple and Nagaraj temple of Semmukhem in Devprayag, Rajrajeshwari temple of Shrinagar, Neelkanth, Chandi Devi and Mansa Devi temples of Haridwar, Surkunda Devi and Kunjapuri Devi temples of Tehri, Mata Anusuya Devi, Rudranath and Kalpanath temples of Chamoli, Jwalpa Devi and Dhari Devi temples of Pauri, Hatiyali Devi temple of Rudraprayag, Poorna Devi, Jageshwardham, Kainchi Devi Mandir, Dronagiri temple and Baijnath temple of Kumaun region.</b>
Hon'ble Chief Minister, we have to be candid in assessing the repercussions by this act of usurping all important sacred places, insulting and challenging Hindus on their most intimate and revered sentiments, faiths and places of worship. It may not be surprising that some Hindu youths accept the challenge and come to a conclusion that the way to convince blasphemous politicians is through methods of the Maoists, the LTTE and the jihadists.
Our contention encompasses the legal and philosophical commitment of the secular Indian State - that the management and administration of the religious institutions, their estates and places of worship, must reside in the hands of the representative bodies of the believers. That being the ground rule how would Sikhs (Golden temple), Muslims (Jama Masjid, Aimer Sharif) or Christian churches in India react to Govt. control of their places of worship? Such an intrusion by the government authority in otherwise an autonomous domain has a potential of generating a chain of serious consequences including the charges against the state itself for being a major instrument of dismantling Hinduism.
It is simply disgraceful that the Indian Govt. should subsidize the "Hajj" pilgrimage of the Muslims to the tune of Rs. 200 crores annually and make special reservations for them on the basis of their religion, but on the other hand the State government, under section 50 of the proposed bill with 74 sections, is planning to impose a tax on pilgrims and vehicles visiting religious places in Uttaranchal. This is a crusade to systematically destroy the self- supporting foundations and structures of Hinduism and its religious infrastructure, using unlawful state control as a tool. Such extra legal actions constitute a reverse discrimination against the religion of Indiaâs majority community. It also smacks of imposing Jazzia upon Hindus in their home country âHindustanâ once again.
Sir, could you explain to the majority community electorate your rationale for violating the Indian Constitution, under provisions of which discriminating, managing, reforming or patronizing religions is completely and fully out side the scope of the government in office. If Mahatma Gandhi were alive today, he would have strongly opposed such a move and possibly gone on hunger strike to redress this illogical step. When governments are fast privatizing state owned companies, nationalization of temples is beyond comprehension.
The grandeur of Hinduism - its Vedas, Upanishads, Ramayana, Mahabharatha, the Bhagwad Geeta -its glorious ancient culture, spirituality and values that the community would like to protect, project and propagate can only be done under a devoted Hindu religious governance. There are other dharmik aspects also, e.g. sewa and dharma prachar that only NGOs could pursue - again the practice in vogue in other religious organizations. This is essential for national cohesion and integration, because Hinduism is the single most important unifying factor in India's body politic.
Hon'ble Chief Minister, if Hindus can occupy responsible positions in industry, business and government as you do, why are they not allowed to manage their own "devasthans", particularly when other religionists are permitted? What is it that the proposed Govt. sponsored "Chaar Dham Vikas Parishad" will do but a community Hindu Board cannot do ?
Sir, if the intention of the Act is to rationalize operation and maintenance of shrines, may we suggest that the representatives of shrines, temples, Hindu community and religious leaders from Hindu Dharma Acharya Sabha, etc. be motivated to convene an assembly where they could be asked to take charge of clearly defining the new legal framework for the community governance of the religious places in Uttaranchal - a land of ancient temples. Such an approach among other things could make the Board completely autonomous and thereby responsible for the entire administration including planning, executing, auditing, guiding, investigating and taking corrective steps on allegations or complaints as and when needed.
Hon'ble Chief Minister, may we suggest that rather than taking over the religious places and formation of a Govt. sponsored "Chaar Dham Vikas Parishad" to manage them, you exercise your leadership in motivating the Hindu community to form a Hindu Board that your Govt. will treat on par with the Waqf. The intrusion and imposition of governmental dictates in an otherwise autonomous domain, will justify the charge against your administration of being anti- Hindu and anti- secular. Such charges will include demolishing the Hindu religious infrastructure and undermining the majority community by altering its traditional cultural identity with a view to de- Hinduise India. Consequently, the proposed Act will be termed not only as "anti-Hindu" but also "anti-national" for Hinduism is the single most important unifying factor in India's body politic.
With best wishes and looking forward to your response.
Sincerely,
Dr. Jagan Kaul October 24, 2005
Krishan Bhatnagar
Hindu Jagran Forum (Maryland, USA)
email: krishan.kb@verizon.net
Note: We e-mailed you a letter, pleading against the proposed Bill on April 25, 2005 but sorry to say that we have not got any response from your office so far.
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->
Attachment A
Congress plans to encroach on temple property
By Ravindra Saini
Organiser, October 16, 2005
The Congress Government of Uttaranchal is planning to bring religious places and institutions of Hindus under its control. A bill to this effect is likely to come before the State Assembly soon. The bill, the Uttaranchal Public Religious Institution (Management and Development) Bill-2005, if passed, will empower the government to take over the historic akharas, ashrams, trusts and temples like Badrinath, Kedarnath, Yamunotri and Gangotri and other sacred shrines. Now they are being managed by autonomous bodies and trusts.
The Government wants the State bureaucrats, who are already pre-occupied in so many things, to manage the temples and religious institutions of Hindus in the State. The move has invited a sharp reaction from various Hindu organisations and religious leaders across the State. A copy of the proposed bill has already been circulated among political parties and MLAs of the State.
Uttaranchal is a land of ancient temples and lakhs of people across the country visit the historic temples throughout the year. According to Shri Vinod Nautiyal, former chairman of Shri Badrinath-Kedarnath Mandir Vikas Samiti, besides the historic temples of Badrinath, Kedarnath, Gangotri and Yamunotri, the State government proposes to take over the Shanidev temple of Khirshali, the entire area of Gomukh, Chandrabadri temple, Raghunath temple and Nagaraj temple of Semmukhem in Devprayag, Rajrajeshwari temple of Shrinagar, Neelkanth, Chandi Devi and Mansa Devi temples of Haridwar, Surkunda Devi and Kunjapuri Devi temples of Tehri, Mata Anusuya Devi, Rudranath and Kalpanath temples of Chamoli, Jwalpa Devi and Dhari Devi temples of Pauri, Hatiyali Devi temple of Rudraprayag, Poorna Devi, Jageshwardham, Kainchi Devi Mandir, Dronagiri temple and Baijnath temple of Kumaun region.
The Central government provides air ticket and other facilities to Haj pilgrims. But on the other hand the State government, under section 50 of the proposed bill with 74 sections, is planning to impose a tax on pilgrims and vehicles visiting religious places in Uttaranchal.
The four dhams are not in Uttaranchal, but the State government, through the proposed bill, intends to form a Chaar Dham Vikas Parishad to manage the temples. Not only this, the State government has already appointed a vice president for the Parishad, which is yet to be constituted and has also provided him with all facilities. According to Shri Nautiyal, several Hindu organisations have given a memorandum to the Chief Minister registering their protest against the move. Despite this the government is in the process to get the bill passed by the Assembly as early as possible.
The saints of Haridwar have vehemently opposed the proposed bill and have warned the State government of dire consequences if the move is not withdrawn. The Bharatiya Janata Party and Samajwadi Party are also equally critical of what they called the State governmentâs attempt âto seize control of maths, akharas, ashrams and temples through the back door.â
Talking to Organiser in Dehradun, the State BJP President, Bhagat Singh Koshyari, said his party would fight against the bill tooth and nail. âWe will not allow the proceedings of the House if the government does not desist from attempts to get the bill passed,â he said. The BJP youth wing, Bharatiya Janata Yuva Morcha, organised demonstrations at several places and burnt effigies of Congress leaders in protest. Senior party leader Dr Murli Manohar Joshi alleged that the bill was âa brazen attemptâ to interfere with the affairs of religious institutions.
Samajwadi Party workers also came out on the streets protesting against the Congress governmentâs bid to tighten its noose around religious institutions. The Akhil Bharatiya Akhara Parishad felt deeply hurt by the State governmentâs move. Mansa Devi Mandir Trust President and Akhara Parishadâs spokesperson Mahant Ramanand Puri while denouncing the bill said that the Congress government would have to pay a heavy price. He said the saints of the Akhara Parishad would soon meet to discuss the assault by the Congress on the religious sentiments of Hindus. <!--QuoteEnd--><!--QuoteEEnd-->