The Himachal Pradesh High Court has held that donations made to Hindu temples cannot be diverted, transmitted, or donated to any government welfare scheme or activity unrelated to the temple or religion. The Court emphasised that when devotees contribute with the belief that their offerings will be used for the care of deities, maintenance of temple spaces, and the promotion of Sanatan Dharma, the government cannot appropriate such funds for general revenue.
In a writ petition seeking proper utilisation of temple funds under the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984, the Court issued detailed directions on permissible uses of temple-donated funds. The Bench held that the funds of temples must strictly be used for: upkeep of the deities; maintenance of the temple premises; and activities promoting the religion. It held: “Every rupee of temple funds must be used for the temple’s religious purpose or dharmic charity and cannot be treated like general revenue of the State and diverted, transmitted or donated for any welfare scheme of the government.”
The Court listed specific activities for which temple funds could not be spent. These included constructing roads, bridges or public buildings normally meant to be built by the State; running welfare schemes; investing in private businesses or industries for profit; purchasing vehicles for temple officers or other officials; and buying gifts or mementoes for VIP visitors. The judgment emphasised that the deity is a juristic person, and the funds belong to that juristic entity; trustees are custodians and misuse would amount to criminal breach of trust.
The Court directed that temple authorities must maintain full transparency: preparing budgets showing anticipated income (donations) and expenditure; conducting annual audits; and publishing summaries of income and expense on notice boards. Trustees and managing officers are to ensure that all funds are used strictly for religious and charitable purposes aligned with the legal objectives of the temple endowment law.
This ruling reinforces that temple donations are sacred in nature and dedicated to religion. The Court clarified that while the State may administer temple trusts under the law, it cannot treat temple funds as part of its public finances or divert the funds for non-religious social schemes. The decision places a strong constitutional and statutory safeguard on the proper use of temple offerings, protecting the faith and expectations of devotees, and preventing misuse of religious endowments for unrelated governmental or commercial purposes.
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