Karnataka Hindu Religious Institutions and Charitable Endowments Bill 2024

Context:

The Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024, has been approved by the State Legislative Assembly and Council. The proposed amendments aim to modify various provisions within the existing Karnataka Hindu Religious Institutions and Charitable Endowments Act of 1997. The next step involves sending the Bill for approval to the Governor.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Key Highlights of the Karnataka Hindu Religious Institutions Bill
2. Concerns Regarding the Karnataka Hindu Religious Institutions Bill
3. Management of Religious Institutions in India

Key Highlights of the Karnataka Hindu Religious Institutions Bill:

Taxation Modification:

• The Bill aimed to modify the taxation structure for Hindu temples.

Revenue Diversion for Temple Maintenance:

• Proposed diverting 10% of gross income from temples earning over Rs 1 crore annually.
• Previous allocation was 10% of the net income for temples earning over Rs 10 lakh annually.

Income Calculation Clarification:

• Net income calculated based on temple profits after deducting expenses.
• Gross income refers to the total amount of money the temple generates.

Additional Allocation for Intermediate Income Temples:

• Suggested allocating 5% of income from temples earning between Rs 10 lakh and Rs 1 crore to the common pool.

Financial Impact:

• Projected additional Rs 60 crore from 87 temples with income over Rs 1 crore and 311 temples exceeding Rs 10 lakh.

Utilization of Common Pool:

• Common fund for purposes such as religious studies, temple maintenance, and charitable causes.

Creation and Background of Common Fund Pool:

• Common fund pool established in 2011 through an amendment to the 1997 Act.

Committee of Management Modification:

• Suggested adding a member skilled in Vishwakarma Hindu temple architecture and sculpture to the “committee of management.”

Committee of Management Composition:

• Under Section 25 of the KHRI& CE 1997 Act, mandates a nine-member committee of management.
• Composition includes a priest, at least one Scheduled Caste or Scheduled Tribe member, two women, and one local member.

Empowerment of Rajya Dharmika Parishat:

• Empowered Rajya Dharmika Parishat to appoint committee chairpersons.
• Given authority over religious disputes, temple statuses, and trustee appointments.

Creation of Oversight Committees:

• Mandated the creation of district and state committees for overseeing infrastructure projects for temples earning over Rs 25 lakh annually.

Concerns Regarding the Karnataka Hindu Religious Institutions Bill:

Potential Discrimination:

• The Bill may face challenges for being perceived as discriminatory, applying only to Hindu temples and not to other religious institutions.

Scrutiny Under Article 14:

• Potential scrutiny under Article 14 of the Constitution, ensuring equality before the law and equal protection, questioning arbitrary state actions.

Constitutional Rights Under Article 25:

• Critics argue that interference may infringe on constitutional rights granted under Article 25.
• Article 25 ensures freedom of religion, subject to public order, morality, and health.
• Article 25(2)(a) allows the State to regulate activities with economic, political, or secular nature.

Violation of Rights Under Article 26:

• Concerns raised about potential violation of rights granted under Article 26.
• Article 26 grants autonomy to religious denominations for managing religious affairs and establishing institutions.

Risk of Corruption and Mismanagement:

• Fear that the Bill may lead to corruption and mismanagement of temple funds and assets by the government-appointed Rajya Dharmika Parishath.

Opposition Allegations:

• Criticism from the opposition, alleging governmental overreach and financial exploitation of temples.

Management of Religious Institutions in India:

Places of Worship Act, 1991:

• Enacted to freeze the status of religious places as of 15th August 1947.
• Prohibits the conversion of any place of worship, ensuring the maintenance of their religious character.
• Excludes ancient monuments and archaeological sites governed by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• Does not cover settled cases, resolved disputes, or conversions before its implementation.
• Excludes the Ram Janmabhoomi-Babri Masjid in Ayodhya and associated legal proceedings.

Constitution of India (Article 26):

• Guarantees the right of religious groups to establish and maintain institutions for religious and charitable purposes.
• Allows them to manage their own affairs in religious matters and own, acquire, and administer property.
• Various religious denominations, including Muslims, Christians, Sikhs, utilize these constitutional guarantees.

Shiromani Gurdwara Parbandhak Committee (SGPC):

• Manages Sikh Gurdwaras in India and abroad.
• Directly elected through elections by Sikh voters registered under the Sikh Gurdwaras Act, 1925.

Waqf Act of 1954:

• Established the Central Waqf Council advising the Central Government on waqf administration.
• State Waqf Boards exercise control over mosques, graveyards, and religious waqfs in their respective states.
• Manages properties and revenues to ensure proper utilization for religious, pious, or charitable purposes according to Muslim Law.
• Waqf is a permanent dedication of movable or immovable properties.

-Source: Indian Express