The Supreme Court of India has declined to entertain a Public Interest Litigation (PIL) that sought to provide Hindus, Jains, Buddhists, and Sikhs with the right to establish, manage, and maintain their religious places on par with Muslims, Parsis, and Christians. The court deemed the petition as “publicity-oriented litigation” and suggested that it was a matter best addressed by the legislature.
A bench led by Chief Justice DY Chandrachud made it clear that the issue falls within the legislative domain and that the court would refrain from intervening. “Mr. Upadhyay, file a proper petition. What are these prayers? Can these reliefs be granted? Withdraw this petition and file a petition with prayers which can be granted. File a petition which has some substance. This is all publicity-oriented litigation. This petition is not maintainable,” stated the court.
The plea was filed by advocate Ashwini Upadhyay and also sought the implementation of a uniform code for religious and charitable endowments. It referenced the government’s control over Hindu temples across India, contrasting it with the autonomy that certain religious communities enjoy in managing their religious institutions.
The PIL highlighted that the right to manage institutions, as stipulated in Article 26 of the Constitution, should be considered a natural right for all communities. However, the petition argued that Hindus, Jains, Buddhists, and Sikhs have been denied this privilege. It further revealed that around four lakh of the roughly nine lakh Hindu temples in the country are under government control.
The Supreme Court, apart from Upadhyay’s plea, also rejected a petition by Hindu seer Swami Jeetendranand Saraswatee seeking similar directions.
As the court refrains from intervening in this matter, the issue remains subject to legislative consideration and potential future developments.
