Padmanabhaswamy Temple Verdict

The Supreme Court recently passed the verdict on the Padmanabhaswamy temple case, pending for almost 10 years. The case brings to light the intervention of the government in religious institutions.

Crux of the Matter

SC Verdict The Supreme Court of India passed a verdict in the case of Sree Padmanabhaswamy temple in Thiruvananthapuram, overturning the 2011 ruling of the Kerala High Court. SC upheld the rights of the royal family to manage the temple even after the death of the last ruler.

What Was The Issue? The temple was managed by the royal family of the Travancore. In 1991, after the demise of Chithira Thirunal Balarama Varma, the last Travancore ruler, the temple management was handed to his brother Uthradam Thirunal Marthanda Varma. However, the transfer of management to Marthanda Varma caused conflict between the devotees and the royal family. The conflict was aggravated by state intervention, with the Kerala state government moving to Court while claiming that Marthanda Varma had “no right” on the management of Padmanabhaswamy Temple. In 2011, the Kerala High Court stopped the family from exercising its “shebait” rights. “Shebait” means a person serving the deity and managing a Hindu temple, particularly its financial affairs.

So What Does The SC Say? The Supreme Court upheld the family rights and stated that the “shebait” rights exist for the family even after the demise of the last ruler. The temple would continue as a public institution, and would not be a part of the property of the royal family. A 5-member committee would manage the temple, with the members being the following:

1. The head priest of the temple

2. Royal family nominee

3. Thiruvananthapuram district judge

4. Nominee from the Kerala State government

5. Nominee from the Central government

Controversy Around Vault-Opening The temple contains 6 vaults below the surface, labeled from letters A to F. Vault A was opened and assessed in 2017, where it revealed treasures worth ₹1 lakh crore. Vault B is associated with a curse restricting its opening. In its verdict, the SC refused to order the opening of Vault B and left the decision to the managing committee. The opening is now unlikely as the head priest and the whole family is against the decision. Uttarakhand Temple Takeover Subramanian Swamy, Rajya Sabha member from the BJP, recently filed a petition against the Uttarakhand government, currently being ruled by the BJP, against the takeover of “Char Dham” and 51 other temples by the state government.

Uttrakhand Government’s 51 temples take over Act is a reckless disregard to Constitution of India: Subramanian Swamy https://t.co/QfwYsHyZkP via @PGurus1 — Subramanian Swamy (@Swamy39) July 8, 2020

In 2019, the Uttarakhand Char Dham Devasthanam Management Act was passed, which handed the management of the temples to the state government. In the provision, the Chief Minister of the state would be the head of the Devasthanam Board, while the MLAs and the MPs would comprise the management team.

Pluralism And Secularism In India Pluralism in religion is the acceptance of different religious faiths in the state while recognizing the diverse systems and traditions associated with the religions. It is different from the term ‘Secularism’, which denotes the separation of the state from religious institutes. The term ‘Secular’ was added to the Constitution of India in 1976 when the 42nd amendment changed the description of the country from “sovereign, democratic, republic” to “sovereign, socialist, secular, democratic, republic”. The term secular was first used in 16th century England during the Protestant Reformation movement to separate the Church from the administration of the country, which held supreme power until the movement. Different Religions, Different Laws? While secularism separates the state and the religions, in India, the state intervenes in the functioning of different religious institutions in different measures.

1. 1927: The Madras Hindu Religious and Endowments Act was passed. The 1935 modification, using Act XII, allowed the takeover of the administration of Hindu temples by the government.

2. 1951: The Hindu Religious and Charitable Endowment Act was passed, which allowed the government control over Hindu temples as well as their assets. The revenue generated by a temple is also under the administration of the government.

3. The 1951 law does not apply to other religions and governmentGovt cannot take over institutions of non-Hindu faiths.

In Other Spectrums

1. Issues like marriage, divorce, inheritance, etc are solved by the Hindu Code bills for Hindus, Sikhs, and Buddhists. However, similar issues for Muslims fall under the Muslim Personal Laws, and by the Christian Personal Laws for Christians.

2. Article 30 of the Indian Constitution states that “all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice”.

3. Minority education institutes also receive funding from the Govt through Scheme for Providing Quality Education in Madarsas (SPQEM), Infrastructure Development in Minority Institutions (IDMI), etc.

4. Minority institutes are also exempted from the Right To Education (RTE) Act, which reserves 25% of the seats in private institutes for economically backward students. The institutes may apply the provision at will.

Curiopedia

1. Marthanda Varma, known as the Maker of Modern Travancore, was the ruler of the Indian kingdom of Travancore from 1729 until his death in 1758. He was one of the few Asian rulers to defeat the Dutch (VOC) forces at the Battle of Colachel in 1741. In January, 1750, Marthanda Varma decided to “donate” his kingdom to Sri Padmanabha (Vishnu) and thereafter rule as the deity’s “vice-regent” (Sri Padmanabha Dasa).

2. The principal deity Padmanabhaswamy (Vishnu) is enshrined in the “Anantha Shayana” posture, the eternal yogic sleep on the serpent Adi Shesha. Vishnu is one of the principal deities of Hinduism.

3. Prince Rama Varma is an Indian classical musician and a member of the Royal Family of Travancore. He is a Carnatic vocalist as well as an exponent of the Veena. He is also recognised as a music teacher, musicologist, writer, and orator.

Curated Coverage

1. The Indian Express – Secularism: Why Nehru dropped and Indira inserted the S-word in the Constitution

2. The Times Of India – Over 13,000 educational institutions granted minority status: Minority affairs ministry

3. The Print – Indian govt won’t be any different from British if Hindus can’t manage their own temples

4. The Hindu – Why govt officials are managing religious places and temples: Supreme Court

5. The New Indian Express – Focus back on vault B of Padmanabhaswamy temple

6. Hindustan Times – Supreme Court upholds royals’ rights on Sri Padmanabhaswamy temple

7. The Economic Times – Why India is not a secular state

8. The Print – Swamy’s plea against temple takeover by state not in public interest: Uttarakhand govt to HC

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