Pandharpur Temples Act doesn’t affect religious rights: Maharashtra to HC

“The Vitthal and Rukmini temples in Solapur are open to people of all faiths.”

The Maharashtra government told the Bombay High Court on Thursday that the Vitthal and Rukmini temples in Solapur are open to people of all faiths and that the Pandharpur Temples Act of 1973, does not impair or curtail the rights of the devotees or pilgrims but was introduced in the interest of the general public

On August 21, a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor directed the State government to file its reply to senior Bharatiya Janata Party leader Dr. Subramanian Swamy’s petition, which claimed that the government had taken over the administration of the town’s temples perpetually in an arbitrary manner.

An affidavit filed on August 24 in response to Dr. Swamy’s PIL petition contends, “By taking control over the Pandharpur Temples the government is ousting the rights of Hindus to profess, practice, and propagate their religion, and to manage Hindu Religious Endowments and their own affairs in matters of religion. The Act is violative of Hindu population at large, since it seeks to permanently takeover the administration and control of religious and non-religious activities of the Temples and vest the same in the officers of the government indefinitely “

However, the affidavit filed by K.H. Patil, Deputy Secretary in the Law and Judiciary Department, on August 24 stated, “The impugned Act was introduced in the interest of the general public and intended to bring about changes in economic, financial, political or other secular activities as well as providing for social welfare and reform associated with religious practice. The Act did not affect any protected religious right guaranteed to any pilgrim or devotee and safeguarded the performance of religious rites and observance of religious practices in accordance with the prevailing traditional usage and custom,” the affidavit further said.

It went on to add, “It is evident from the historical context that there were special circumstances prevailing in relation to the Pandharpur temples, which occupied a unique position in the state, necessitating action on the part of the state to safeguard the interests of temples, its properties and endowment and the multitude of devotees and pilgrims so as to relieve them from the rapacity of the priestly classes.”

The Pandharpur Temples Act instituted in 1973 abolished all hereditary rights and privileges of ministrants and priests for the governance and administration of the temples of Lord Vitthal and Rukmini in Pandharpur. It also enabled the government to control its administration and management of funds.

The affidavit sought the dismissal of the PIL and said, “The Act does not impair or curtail the rights of the devotees or pilgrims to profess, practise or propagate religion”. The matter will be heard on September 13.