Shimla: In a landmark judgment safeguarding the sanctity of temple wealth, the Himachal Pradesh High Court has ruled that funds donated to temples cannot be diverted, transmitted, or donated to any government welfare scheme or to activities unrelated to religion. The court emphasised that temple offerings are sacred contributions made by devotees for the care of deities, maintenance of temple premises, and promotion of Sanatan Dharma — and not for general state expenditure.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla delivered the significant 38-page verdict while disposing of a civil writ petition filed by Kashmir Chand Shadyal. The petitioner had sought directions to ensure proper utilisation of temple funds under the Hindu Public Institutions and Charitable Endowments Act, 1984, and to prevent their misuse for non-religious purposes. The judgment was pronounced on Friday and made public on Tuesday.
The bench made it unequivocally clear that temple funds must strictly be used only for three specific purposes — care and maintenance of deities, upkeep of temple spaces, and promotion of Sanatan Dharma. “Devotees offer donations to temples and through them to the divine with the clear belief that these would be used only for care of deities, maintaining temple spaces, and promotion of Sanatan Dharma. When the government appropriates these sacred offerings, it betrays that trust,” the court observed in strong words.
Reiterating that temple wealth is not the property of the state, the bench further stated, “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.”
The court listed specific instances where temple funds cannot be utilised, including construction of roads, bridges, and public buildings; implementation of government welfare schemes; investments in private enterprises for profit; purchasing vehicles for temple officers or government officials; and buying gifts or mementoes for VIP visitors.
At the same time, the bench clarified that temple officers or commissioners who incur legitimate expenses for temple-related work may claim reimbursements at government rates, particularly for official vehicle use. However, any expenditure must directly relate to temple management and religious functions.
To ensure accountability and transparency, the High Court directed that all temples in the state must prominently display key financial information, including monthly income and expenditure statements, projected funds from donations, and annual audit summaries. These details, the bench said, must be posted on temple notice boards to instil public confidence and prevent any misuse of offerings.
In a crucial observation, the court affirmed that temple trustees are mere custodians of temple assets, as “the deity is a juristic person and the funds belong to the deity, not to the government.” The bench added that any misuse of temple funds would amount to a criminal breach of trust. “Where it is found that any trustee has misutilised temple funds, the amount shall be recovered from him, and he will be personally liable for such misutilisation,” the order stated.
