CHENNAI: In a significant judicial directive, the Madras High Court has urged the Tamil Nadu government to establish a statutory board to oversee church properties, similar to the Waqf Board’s regulatory oversight of Muslim endowments. This recommendation seeks to ensure proper governance and accountability for church assets, educational institutions, healthcare facilities, and other properties under Christian institutions across Tamil Nadu.
The proposal was set forth by Justice N Sathish Kumar, who was addressing a series of petitions concerning the appointment of a correspondent to Scott Christian College, located in Nagercoil in Kanyakumari district. The judge highlighted the disparity in regulatory oversight, noting that while Hindu and Muslim endowments are regulated by statutory mechanisms, no similar legislative framework currently exists for Christian institutions. “The charitable endowments of Hindus and Muslims are subject to statutory regulations, yet such comprehensive regulations are lacking for Christian endowments,” Justice Kumar stated.
The Court observed repeated instances of mismanagement within church-administered institutions, indicating that church funds are often depleted through internal power struggles rather than reinvested in the institutions’ mission. According to Justice Kumar, individuals in leadership positions frequently divert resources toward litigation aimed at consolidating personal authority. “The institutions, which these elected persons are supposed to protect and safeguard, suffer administratively and financially as their funds are drained to fuel the power struggle,” Justice Kumar remarked, underscoring the need for a permanent regulatory solution.
In light of these findings, Justice Kumar urged the state government to establish a statutory board to bring transparency and accountability to church institutions, which play a vital role in Tamil Nadu’s public sector by operating schools, colleges, and hospitals. Additionally, the judge called upon the Union and state governments to submit their official responses to the court’s proposal. A hearing on the matter is scheduled for November 18, 2024.
Call for Central and State Legislation
Justice Kumar pointed to the concurrent jurisdiction of both central and state governments in enacting legislation for charitable and religious endowments, as outlined in Schedule VII, List III of the Indian Constitution. The judiciary’s move to seek responses from both the Union Ministry of Home Affairs and the Chief Secretary of Tamil Nadu emphasises the broader constitutional grounds for a uniform policy on church properties.
The judiciary has previously noted that the recurring nature of these cases, often filed by rival factions within various church organisations, reflects an urgent need for better governance structures. “These institutions discharge several public functions… their assets and funds require protection and must be safeguarded,” stated Justice Kumar, citing the constitutional framework that permits legislative intervention by both state and central governments. The judge reiterated that enacting a statutory board is essential to protect these institutions from the financial strain of internal disputes.
Call for Church Properties under Section 22A of the Registration Act
In an earlier observation on May 28, 2024, Justice GR Swaminathan highlighted the necessity of extending Section 22A of the Registration Act, 1908, to cover church properties. This provision, which restricts the registration of certain properties, currently applies to temple and Waqf properties, shielding them from unauthorised transactions. Justice Swaminathan pointed out that church properties, which lack a similar protective framework, are vulnerable to illegal alienation.
“While temple properties are protected under the Tamil Nadu Hindu Religious and Charitable Endowment Act, and Waqf properties under specific legislation, a similar law for church properties appears absent,” he noted. Justice Swaminathan cited personal experiences with cases where church properties had been unlawfully transferred, stressing the need for statutory mechanisms to prevent such misappropriations.
Judiciary’s Call for Accountability in Secular India
India’s secular framework requires the government to treat all religious endowments uniformly, the judiciary emphasized. Establishing a church property board akin to the Waqf Board or the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Department would ensure equitable treatment of all faith-based endowments under the law, enhancing public trust in religious institutions’ financial stewardship.
The court’s call for a statutory board also reflects concerns about prolonged delays by both the state and central governments in addressing the issue, despite previous judicial recommendations. This board would provide a solution that safeguards church properties and ensures that they are managed transparently, with a mandate to protect educational and healthcare institutions from misuse.
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