AN ACT FOR PROTECTION OF CHURCH PROPERTIES : A NEW CRY.
(By: P.T. Perumal, Advocate, High Court of Madras)
Foreign Missionaries and the forefathers of the Indian Christians have purchased landed properties in the name of Charitable societies, trusts, hospitals, orphanages, educational institutions, etc. In the first half of the last century, the Christian organizations lived upto the noble objects of devout Christianity.
During the last quarter of the twentieth century, those who reached the helms of the affairs of the administration of such organizations slowly departed from the avowed purpose. Nepotism, favourism, jobbery, scandalous land deals plagued the churches and akin institutions.
Intolerant to such anti-organizational activities, many right thinking members of Christian community stood up against the heads of Christian institutions who were deviant. Both criminal and civil proceedings have been initiated against persons who got involved in land scams, administrative in-fightings and power politics in the administration of churches and its properties. Adverse and critical reports are frequently appearing in the media.
In the past century, due to the generous patronage extended and donations paid by the foreign Missionaries, the Indian Churches and allied institutions flourished. For the administration of the churches and charitable organizations those grants seemed enough at that time.
Owing to general economic development, fall of standard in administration, decline in religious morality, the flow of foreign funds got reduced. The men in the helms of the churches and other organizations began to look within for funds. Corresponding to this period the immovable property value in India had undergone astronomical rise.
As a matter of fact, almost all Christian congregations own properties in the heart of every Metropolitan City and Town all over India. It is informed that one of the Episcopal Christian congregations has properties worth more than rupees ten thousand crores in Tamil Nadu alone. Other congregations also own and possess properties worth hundreds of crores of rupees. With so much of wealth under their control and no effective mechanism to monitor them, the heads of Christian organizations were situationally tempted to dilute those properties. They sold out properties whimsically. Cannon laws were inadequate in guiding transparent and accountable transactions in the alienation of properties. So much so, arbitrariness, embezzlement and looting slowly have taken roots. And got grown up as monsters. The result is a pile up of litigations based on allegations of corruption, forgery, misappropriation, unauthorized sales, etc. The indication is that all is not well in the management of the church properties. Congregations are embroiled in property alienation disputes.
Recently, the Bishop of one of the Christian congregations was put in jail. Cheating complaints have been lodged against the Bishops of other congregations too. Bizarre law and order problems occurred, in a Bishop's Headquarters at Trichy, due to group fight over sale of properties.
Common man believes that Churches and Christian organizations, having minority character, are not under any mandate or enforceable guideline in respect of alienation of properties. Provisions of Articles 25 and 26 of the Constitution of India are often misconstrued. An intense discern into those Constitutional aspects portrays a different picture.
Article 26:- Freedom to manage religious affairs:- Subject to public order, morality and health, every religious denomination or any section thereof 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;
c). to own and acquire movable and immovable property; and
d). to administer such property in accordance with law.
Every member of Christian community, as a citizen of India, has a "Fundamental Right" to ensure the administration of Christian properties in accordance with Indian Laws. Some Christians have woken up to this legal position. A spark of re-think on matters pertaining to church properties has occurred.
In Kerala, a group of elite Christians, is spearheading a new movement campaigning for an enactment protecting church properties. Views expressed by legendary Supreme Court retired Judges, Justice V.R.Krishna Iyer and Justice. K.T.Thomas lent support to that movement. Likewise, in Telangana, a group of Christian advocates toiled hard, aiming to get a Bill enacted by the Assembly for the protection of church properties.
In Tamil Nadu also same aspiration is gaining momentum among all sects of Christianity. All of them are entreating a special enactment for Christians on the lines of Wakf Act, 1995 and the Sikh Gurudwara Act, 1925 which are the religious minority Acts already created under Articles 25 and 26 of the Constitution of India. Mass representations before competent authorities are pending consideration.
Hinduism is not a religion, but a way of life. Even during the British rule it was so perceived and propagated. It is multifaceted, defying any uniformity in the way of worships and moral pursuits. The diversity was so enormous that a uniform legislation was an imperative. As a result, the Devaswam Board Acts, Religious Endowments Acts, etc., came into existence. But all those Acts pertain to majority community. The Tamil Nadu HR & CE Act takes care of the administration and protection of properties of Hindu Temples and Charitable Endowments. Such a vast procedure may not be necessary for the minority Christian community. The Wakf Act and The Sikh Gurudwara Act look more suitable.
It is quite natural that some section of the Christian community apprehends that enacting a law for protecting church properties may lead to Governmental intervention depriving religious independence. It is a bug fear. A national debate on this subject to disabuse such apprehensions is desirable.
Some law is better than no law.
Since corruption has pervaded into Indian Society in all spheres of socio-politico-economic activity, it is but natural that graft and maladministration have afflicted the churches and related institutions as well. Therefore, an enactment to protect the churches and its immovable properties is warranted by necessitating circumstances.