Appropriation Of Temple Donations Betrays Devotees' Trust: Himachal Pradesh High Court

The Himachal Pradesh High Court held that devotees donate money to temples with the belief that the donation will take care of the deities and will help maintain temple spaces.The Court remarked that “Every rupee of temple funds must be used for the temple's religious purpose or dharmic charity… It cannot be treated like general revenue for the State or general public exchequer… nor diverted to any welfare schemes of the Government.”A Division Bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthla remarked : “Devotees offer donations to temples—and through them, to the Divine—with the clear belief that these will support the care of deities, maintain temple spaces, and promote Sanatana Dharma. When the government appropriates these sacred offerings, it betrays that trust.”The Petitioner approached the high court, seeking a direction to the state authorities to ensure strict compliance with the Hindu Public Religious Institutions and Charitable Endowments Act, 1984, especially regarding provisions relating to budget preparation (Section 22), maintenance of accounts (Section 23), and incurring expenditure (Section 17).The Court reiterated that the Hindu Public Religious Institutions and Charitable Endowments Act, 1984 was to ensure better administration of Hindu Public Religious Institutions and Charitable Endowments, safeguard their properties, and ensure that funds are used only for religious and charitable purposes.The Court remarked that, unlike other religions, the Hindu religion does not worship any one God, one book, or one belief system but is a way of life. The essence of the Hindu religion does not lie in a single prophet or scripture, but in a profound way of understanding life, consciousness, and the universe.Further, it was stated that the temples in India played an important role even in India's freedom movement, as it served as centres for social reform and mobilisation. The Court reiterated that “Freedom of conscience and free profession, practice and propagation of religion, as provided in Article 25, is subject to public order, morality and health… all citizens and institutions are bound to take initiative for establishment of healthy, harmonious, progressive Bhartiya society.”Thus, the Court issued specific directions for the funds to be used for promoting education in Vedas and Sanskrit, maintaining temples and goshalas, organising yoga and cultural programs, supporting the poor and elderly, and eliminating social discrimination.Case Name: Kashmir Chand Shadyal v/s State of H.P. and others Case No.: CWP No. 1834 of 2018Date of Decision: 10.10.2025For the Petitioner: Mr. Nitin Thakur and Mr. Udit Shaurya Kaushik, Advocates.For the Respondent: Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Pawan Kumar Nadda, Additional AdvocatesGeneral and Mr. S.D. Vasudeva and Ms Seema Sharma, Deputy Advocates General for the State.Mr. Lokender Thakur, Senior Penal Counsel, for respondent No.3.Click Here To Read/Download Order

Appropriation Of Temple Donations Betrays Devotees' Trust: Himachal Pradesh High Court

Mehak Aggarwal

“Every rupee of temple funds must be used for the temple's religious purpose or dharmic charity… It cannot be treated like general revenue for the State or general public exchequer… nor diverted to any welfare schemes of the Government,” the court said.

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