Quite often a question is being asked - why Govts are not interfering with Christian or Muslim institutions? Why only Hindu institutions? Let me try to answer (someone can correct me if I am wrong).
Pls read Article 26 of the Constitution. 1/11
The right to create, manage, acquire and administer, religious institutions, is given to religious denominations (and not to religion per se) - read Article 26 subsections a,b,c,d. The definition of the word denomination was given by the Supreme Court in 1954... 2/11
SC through its Constitution Bench judgement - known as Sirur Mutt case (Google for Sirur Mutt case) took the meaning of denomination from Oxford dictionary. Thus denomination = persons having common faith, system of belief and common practices. 3/11
Now consider Christian church and Muslim mosques. In fact they don't exist. What exist are CSI Church, Catholic church, Lutheran church etc. Likewise there are only Shia mosques, Sunni mosques, Ahmadia mosques etc. All these institutions are perfectly denominational. 4/11
Now please see Hindu institutions. We do not necessarily have common faith or common system of worship and therefore do not fall under the definition of denomination. Our society is diverse. However certain Hindu temples are considered to be temples run by denominations. 5/11
Chidambaram temple in TN run by "Pothu Deekshithar community" fall under this category. GSB temples of Kerala also may fall under denomination. (Not tested because these temples are still with that community and take over by Govt has not taken place) 6/11
Repeated attempts were made by various Hindu fighters and institutions to either bring common Hindus under the definition of denomination or change the definition of the word denomination (since it is a Christian/European definition by Oxford dictionary). 7/11
From Sirur Mutt case to SP Gupta case and upto recent Sabarimala case, the SC stoutly refused to include general Hindus under the definition of denomination. This is how legally Hindus are in a disadvantageous position as compared to Abrahamic sects 8/11
Consequently Hindus are thrown at the mercy of Govts, good or bad. In Sirur Mutt and other cases, the SC upheld the right of the Govt to manage only the secular affairs of the temples. But practically the Govt or Devaswom Boards intrude into religious affairs also. 9/11
For example the Travancore and Cochin Devaswom Boards take active role in Devaprasnams, opening and closing of temples, items to be used in poojas etc. One cannot run everyday to the high court complaining against the Boards 10/11
Therefore it is a must that Hindus should fight in the Courts, in the Streets and in the Legislature. Two great men I know who are fighting in Courts are @Swamy39 and @trramesh I understand there are little known unsung heroes also. My pranams to all 🙏 11/11
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