Close on the heels of a single judge of the Madurai Bench of Madras High Court stressing the need to bring more accountability from Church institutions and ordering the Union and State governments to implead and file their response, a Division Bench called for a Central legislation akin to the Hindu Religious and Charitable Endowments Act and the Waqf Act for this purpose.
The Division Bench of Justices P Velmurugan and KK Ramakrishnan made the suggestion while hearing a petition challenging the transfer of a 4.54 acre property of the Tamil Baptist Trust in Kovilpatti town to the Tamil Baptist Mission alleging it to be illegal.
Taking notice of some fraudulent transactions carried out by those administering Christian institutions, including schools and charities to enrich themselves, the judges also called for necessary amendments to the Registration Act, to prevent the alienation of Church properties without securing the permission of the Court. Further, the Bench made it clear that absence of suitable legislation to effectively oversee the management of those properties had given room for illegal transactions.
The Bench then suggested a Central legislation with adequate procedures to exercise control over the management of properties of Christian institutions in view of the prevailing situation. The court said this suggestion is made in the interest of protecting those properties from being misused and alienated illegally.
In October this year, Justice N Sathish Kumar, hearing a batch of petitions challenging the appointment of the correspondent to the Scott Christian College, Nagercoil, and payment of salary to employees, observed “Churches not only have vast properties, but also run educational institutions … the institutions…suffer administratively and financially as their funds are drained to fuel power struggle,” adding that these assets need to be protected and a permanent solution is required.
With rival factions litigating each other having become a yearly affair, those in the administration, to strengthen their positions, use the Church funds to fight the cases, it was pointed out. The Judge then directed the Union Home Secretary and the Tamil Nadu Chief Secretary to file their response, explaining their stand.
The High Court, batting for enhanced scrutiny of Church properties, has rattled the Christian hierarchy of all denominations with all of them claiming that the existing statues are enough.