Don't Melt Temple Jewellery Unless Trustees Appointed: Madras High Court Tells State On Gold Monetisation Scheme

The Madras High Court on Thursday ordered the Tamil Nadu government to refrain from taking any decision on melting temple jewellery into gold bars, as part of the recently announced Gold Monetisation Scheme, until Trustees are appointed to Hindu temples in the State.

A Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu was adjudicating upon a batch of public interest litigation (PIL) petitions moved by the Indic Collective Trust through its President, TR Ramesh.

In the instant case, the petitions had challenged certain announcements that were made on the floor of the State Assembly and which culminated, first, in a notification dated September 9, 2021 issued by the Principal Secretary, Hindu Religious and Charitable Endowments (HR&CE) Department and, subsequently, in a notification of September 22, 2021 issued by the Commissioner, Hindu Religious and Charitable Endowments Department of the State.

The Commissioner of the HR&CE Department had instructed all temple authorities to melt the gold which forms a substantial part of the offerings made to the individual temples over the last ten years so that jewellery of varying fineness may be standardised upon melting and converted into pure gold. Subsequently, the gold would be invested in banks to earn interest income for the temples in order to carry out renovation work for the temples.

Furthermore, the notification dated September 9, 2021 had clarified that three regional centres would be established for supervising such an initiative undertaken under the aegis of committees headed by retired judges.

Arguments advanced

During the hearing the petitioners had contended that pursuant to the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (1959 Act) decisions pertaining to the administration and properties of any temple have to be primarily taken by the trustees and that the Commissioner and the Fit Person appointed at a temple have limited or supervisory roles in such matters.

However, it was pointed out that trustees have not been appointed in such temples for over a considerable period of time. Advertisements for appointment of trustees have been issued and would take four to six weeks to be completed, it was submitted.

Furthermore, the petitioners also placed reliance upon Rules 11 to 13 of the Religious Institutions Custody of Jewels, Valuables and Documents and Disposal Rules (Rules) framed under the 1959 Act to contend that decisions pertaining to whether any jewellery or other valuables belonging to a temple have to be disposed of or preserved rests with the trustees.

Although the Commissioner of the HR&CE Department is the permission granting authority, it is not open to the Commissioner to decide suo motu as to what valuables or properties of a temple may be preserved and what others disposed of, it was submitted further.

On the other hand, the State submitted that melting of offerings made in gold at temples is a 'usual practice' across the State. Advocate General R Shunmugasundaram apprised the Bench that close to Rs.11.5 crore has been earned from such a process which has been used for restoration and renovation of temples.

He also submitted that substantial funds are immediately required for the renovation of temples and that over the last decade these matters have not received due attention. The Court was also informed that a committee has been put in place comprising a retired judge of the Supreme Court and a retired judge of the Madras High Court to oversee the conduct of inventory at each temple complex of the offerings made and the properties owned by the temples.

Observations

Pursuant to a perusal of the rival submissions, the Court noted that Rule 12 authorises the Commissioner to issue instructions to the trustee "as may be necessary for the preservation or otherwise of the articles; where the articles may be jewels, vahanams or other valuables in the temple." Similarly, Rule 13 gives authority to the trustee, subject to obtaining previous sanction of the competent authority, to melt any jewels or valuables in the temple.

The Bench further observed that the committee constituted can continue to undertake the process of making an inventory of all temple properties, however it is 'too early' to make a decision regarding melting of gold considering that trustees have not been appointed.

"While it may be perfectly in order for inventories to be carried out in an appropriate manner under the supervision of the committee where the retired Judges should take an active role and participate in the process, it may be too early for any decision to be taken for the melting of the gold which has been offered at the temples, particularly in the absence of the trustees at the temples being in place", the Court observed.

The Court further opined that since the Advocate General has assured that trustees shall be appointed shortly, there lies no reason for the petitioners to apprehend that temple properties such as jewellery and other valuables will be adversely affected.

"In view of such submission and assurance given by learned Advocate-General, there may not be any room for the petitioners to apprehend that the jewellery or other valuables which form a part of the offerings at the temples may be alienated or dealt with to the prejudice or detriment of the individual temples or without there being any need therefor.", the Court noted further.

Accordingly, the Court adjourned the hearing of the petitions to December 15 after directing,

"It is made clear that the exercise of completing the inventory of the offerings, including the jewellery and other valuables, may be conducted under the aegis of the retired Judges through the committees as indicated by the State; but no decision to melt any jewellery or to dispose of any valuable which forms a part of the offerings at the relevant temple should be taken without the trustees thereat being installed pursuant to the advertisements issued."

In the meantime, the State was ordered to file counter-affidavits to the petitions filed.

Case Title: Indic Collective Trust and Anr v. State of Tamil Nadu and Anr

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