THE SECULAR-STATE AND MATHAS AND TEMPLES
By T. G. Aravamuthan,
M.A., B.L.
1. The Negation of
the Principle of the Secular State
THE
establishment of a secular state in this country is the purpose to which we are
all directing our efforts. It is the vision which has led us on these fifty
years at least and it is what was striven for by Gandhiji, one of the greatest
men of religion of all time, and it is what he died for. But in this corner of
the country the principle is being negatived by those who claim to be
Gandhiji’s disciples.
The
Government of the Madras Province is engaged in pushing through the legislature
an enactment enabling the state to take over the administration of Hindu
Temples and Mathas and the endowments attached to them. The incongruity,–the
irony,–of the secular state guaranteeing private property and securing it
against public control and yet controlling the properties of religious
institutions which, so far as the secular state is concerned, are
private,–pertaining as they do, not to the generality of the citizens of the
state, but to different religious groups of its citizens,–is evidently lost on
the Government. For any but a theocratic state to administer religious
institutions is an endeavour that is not only opposed to principle but is also
fraught with grave mischief to both people and state. This is all the more so
when the control is sought to be confined to the institutions of only one of
the religions of the land,–the Hindu. The danger of the state becoming
Hinduised through the inevitable intimacy of the new relationship between the
state and Hindu institutions is one that cannot but raise anxious forebodings
in the minds of Muslims and Christians. Nor can the converse probability
of the other religious groups in the state,–the
Muslim and the Christian,–and of the
non-religious elements in the state, and even its irreligious
elements, seeking to gain control over Hindu institutions and endowments infuse
confidence in Hindus in the successful functioning of the secular state. The
state cannot remain secular for long if it seeks to embroil itself in the
affairs of the religion of even a small minority of its
citizens. It dooms itself irretrievably when it plunges in the abysses, of the
religious affairs of the most populous group of its citizens. In the end,
both state and religion will be lost: the state becomes infested with religion
while religion becomes secularised.
That
the administration of Hindu religious institutions and their foundations is
sadly in need of complete overhaul is not in dispute. Indeed, the situation is
worse than is even supected. The maladministration has grown in dimensions and
in degree, especially in recent years. Not only are the endowments to temples
now in the unrestrained control of persons whose outlook is purely
secular,–even antipathetic to the spirit of the institutions which the
endowments were intended to support,–but they are also administered with little
regard to economy. The endowments to Mathas are in most cases applied to
purposes which would have shocked the pious founders. If the magnitude of the
mismanagement of the temples is only sensed vaguely by the public and if none
of it is known to the public in detail it is because nothing about any of them
is, under the aegis of the Hindu Religious Endowments Board, now controlling
these institutions, allowed to be published and because all avenues to
information are closed. The Soviet ‘iron curtain’ is child’s play beside this
curtain of bureaucratic secrecy. The grossness of the maladministration of the
endowments to temples goes veiled under devices such as accounts and vouchers
and audit and supervision, but the results of none of them are allowed to reach
the public. No one of the public knows whether all the rituals are performed or
are performed duly. The safeguard of control by a
Statutory Board is an illusion. The utter ineptitude of the administration of
the temples and even
the perversion of the institutions to purposes opposed to those for which they
were founded is artfully concealed by attempts to represent criticism as
interested or as proceeding from sectional motives.
If
we have always to be on the guard against the state enlarging its functions and
against its machinery getting a grip over the lives of the people it is all the
more imperative that in this phase of our development we shall have to be
highly critical of attempts at enlarging the scope of the state’s intervention
in our lives. We are in the midst of an unprecedented lowering of standards of
probity and capacity, due initially to the needs of winning the war against the
Axis, but persisting through the uncertainties of the aftermath
and now threatening to become a permanent characteristic through the
determination of everyone who can pose as a hero of the War against
Britain to turn into hard and immediate cash the myth of his near-martyrdom and
to the opportunities which, in these circumstances, the man on the prowl has to
build up for himself a pile irrespective of how he comes by it. These institutions
are peculiarly liable to suffer from this decay in standards of conduct.
The
only question in issue is not whether reform is needed but how it ought to be
effected. That those who have no preconceptions are honestly
persuading themselves that the state must indeed take over the control of these
institutions shows that their vision has come to be limited by the vicious
experiments of the past three quarters of a century which have been, in various
degrees, taking effective administration from the hands of the people who are
interested in these institutions and vesting it in a Hindu bureaucracy
despising the Hindu public.
The
proposals put forward by the Government will organise ecclesiastical
administration and control in a manner to which no parallel may be found in any
other country in which the state has the least pretence to be secular. The
authors of the proposals have yet to tell us how when the people of this
Province are fit enough to govern not only themselves but also Dravidastan and
even to do better than the rest of India, the great majority of them, the
Hindus, are yet unfit to manage even petty religious institutions. Not the
least reason is offered for not attempting to enable the Hindus to administer
these institutions nor for obstinately insisting on the secular state taking up
a task which not only is foreign to it but must also be obnoxious to it. Nor
even does this Government pause and consider the significance of the phenomenon
of support for its proposals coming mostly from those who scoff at these
institutions or who seek to divert their funds from religions uses. This
Government has only to thank itself if a puzzled public suspects its bonafides
in persisting in state-control which, in the circumstances, is all too
strange a solution.
2. Vesting Control
in the People
Temples
and Mathas cannot flourish unless they have the fullest support of those people
who have faith in them. Control by a secular state may secure the vouchering of
the expenses out of the present endowments, but it can secure little more: the
images will be graced with voucher-malas instead of ‘Vada-malas’ and all else
may cease. The temples will be preserved as ancient monuments and the temples
and mathas will be run as shows from the dead past. In the heyday of their
prosperity and influence they were administered by the people and not by the
state in which they were organised. The great temples of Tirumalai,
Chidambaram, Srirangam, Madurai and Rameswaram, for instance, with endowments
and incomes much more ample than they now enjoy, were not administered by the
state,–not even by the kings. It is no credit to this age which claims great
advances in the people’s enlightenment, public spirit, probity and efficiency
that it should despair of administration by the people proving honest and
efficient and should hasten to transfer the burden to the state.
The
administrative machinery of the past has broken down through the weakening of
the forces which have animated Hindu social and religious life. The state then,
whether represented by a petty chieftain or by a powerful emperor, was, in
effect, the embodiment of a homogeneous society animated by a common spirit and
fully expressive of the purposes of that society. Even that state did not take
up the management of these institutions. Our Government, however, representing
a state which is the political expression of heterogeneous and multi-willed
sections which are being egged on by political adventurers to antagonise each
other is desperately anxious to take up not only the administration but also
the direction of the purposes of these institutions.
We
may not hope to re-introduce the old system of administration. It was so
fashioned that it functioned without external stimulus or control,
notwithstanding that it concerned itself with all the affairs of the
institutions,–ritual, religion and social relations. It depended on a cleverly
linked system of rights and duties. The activity of each institution was carved
out into a number of spheres and the responsibility for each sphere was vested
in a special authority which had also rights adequate enough to compensate it
for the duties it undertook. The rights and the duties were so cleverly
balanced and interlocked and the several spheres were so
ingeniously made to overlap that those who ran the machine never allowed it to
break down, at least because a failure in the duties spelt disaster to the
rights. Every member of the administration felt passionately that
any remissness on his part was a sin and every member of the public took it to
be his personal duty to prevent hitches arising. The king or the chieftain was
not slow to intervene if a breakdown was expected, but that intervention was
only through men devoutly religious. The problems of administration raised now
by these institutions are, however, ultimately the same as in the ages long
past, for their fundamental purposes have undergone no change. But the temper
of Hindu society has changed. The spirit of the age has to be reckoned
with and machinery has to be devised which will do the same work as before but
in a new atmosphere and to a new step and to a new tune.
Few
are they, however, who read these pages who will have courage enough to believe
that this is a season when it is wise to transfer these institutions to the
mercies of popular control. The attitude of Hindu society to its age-old
institutions has undergone a marked change in this part of the country: it is
fashionable with many to hold up Hindu social organisation to opprobrium. But
this is so, not because the value of Hinduism is not recognised but because its
institutions are believed to stand in the way of social justice as understood
in these days. We are only witnessing a shift in the emphasis
on certain features of the Hindu social order. There is no such fundamental departure
in the spirit as to warrant an apprehension that the change in public
opinion will wreck or pervert these institutions. A failure to allow Hindu
public opinion to revivify these institutions, adapting them to modern needs,
may result in driving the public from them. Once we resuscitate faith and
interest in the religious activities of the institutions the social frictions
will cease to matter. The problem is not that of adjusting social differences
but that of setting up and running machinery through which social and religious
distempers will be healed.
From
whichever angle we may canvass the problem we cannot but arrive at the
conclusion that our state must abandon all thought of mixing itself up with
these institutions. The secular state can have only that much of general
supervision over their affairs as will prevent their becoming cancerous spots
festering with a corruption that will endanger social order or security or
morality. All other changes that may be needed in them to bring them in accord
with such modern Hindu opinion as attaches importance to them and owes them
allegiance must be left to be effected by the temple-and matha-minded section
of Hindu society. The duty of the secular state is not to usurp the functions
of these sections of Hindu society which are incorporated in it: on the other
hand, the secular state must endeavour to enable these sections to order their
institutions their own way. It must confine itself to its primary purpose of
providing machinery for the Hindus interested in them ordering their affairs
but ensuring that justice is done between the various groups and
sections of its population in religious matters and that problems of the
administration of religious institutions do not get transformed
into those of peace and order. It must arm those who believe in these
institutions with powers to shape them to their purposes, without the
intermeddling of even those who are weak in their faith in them,–not to speak
of those who are opposed to them.
Judged
by this test the Bill now on the anvil is a violent invasion of the secular
state into the region of religion and religious organisation.
3. The Bases of
Re-organization
The
main lines along which provision need now be made for the proper functioning of
Mathas and Temples are not hard to discern if only we realise the futility and
the folly of what is being sought to be done. These institutions are being
parted from those who are interested in them: the secular affairs are sought to
be regulated without reference to the religious affairs: the religious affairs
are being subordinated tacitly to the secular ones: the administration and
control of both lay and religious affairs are being vested in bureaucratic
bodies. There is no realisation of the supreme needs of these institutions.
They and their adherents have to be brought together and their funds must be
made to subserve their purposes. Machinery has to be designed for looking after
the temporalities and the spiritualities of these institutions and for ensuring
that the spiritualities are fed and nourished and inspirited by the
temporalities, and that the temporalities are, in turn, fed by those who
believe in the validity of those spiritualities.
No
code of administration generally applicable to Hindu religious institutions was
framed in set terms in the days of their greatness, mainly because the
principles were then so much a part of the mental make-up of the Hindu and they
were so unquestioningly accepted that they needed no detailed formulation or
express promulgation.
The
social order which prescribed that the preceptor was to support the disciple
during his pupilage and only reluctantly allowed him to accept gifts in return
from the disciple could not have known either a disciple who questioned the
preceptor about the propriety of his disposal of the offerings which he placed
at his feet,–especially if the preceptor was a Mathadhipati who had come in the
lineage of a series of distinguished teachers,–nor a preceptor who would have
misapplied the offerings to purposes which the pupil would have recoiled from.
Temple
administration is a theme which in effect was outside the scope of the Agamas,
for, assuming both an understanding and a continuance of the social life and
the political organization in which they were framed, they left unsaid many
things on which, owing to changes in conditions and circumstances, we are now
in need of light. For instance, the basic principle that most of the
formalities of religious worship are all parallel to the formalities of a royal
court is not found stated in any of the Agamas. The division of the divine
services according to the watches of day and night, the differences in the
music played at different hours and on different occasions, the waking the
images at morn with music, the bathing them with eclat, the investing them with
weapons and crowns, the decking them with ornaments, the making of offerings to
them of food and the like, the burning of incense, the waving of lights, the
wearing the uttariya by the worshipper round his waist, the ranging the
worshippers in the order of precedence, the chanting of praises by accredited
chanters, the announcing of the great presence, the receiving of offerings and
the returning of presents, the distributing the oil of consecration and the water
of the sacred bath, the distributing the prasadas of different kinds,
the placing the lord’s feet on the crown of the devotee, the granting of
audience in the great courtyard, the singing and the dancing by the corps of dasis,
the progress through the great streets on ceremonial occasions on coursers or
in rathas, the retiring to the bed-chamber,–these are but a few of the
usages of temples similar to those of the royal court. Other usages also are
not unknown: they are all additions to meet sectarian and sectional
observances.
But
the rationale of all this is being forgotten. The disappearance of royalty in
this part of the country about two centuries back, the shortness of our
memories, the decay in traditional culture, the imputing them to merely sectional
reasons, and the proneness to invent new reasons for securing recognition for
rights and honours from a system of law which set up strange standards, have in
this Province obliterated from the Hindu mind almost every trace of the
rationale of observances such as these in temples.
These
principles and usages are so fundamental to these institutions that nothing
should be done that will invalidate them, though many will deem it wise that
opportunity is not denied for the gradual adoption of new usages to suit new
circumstances when the conscience of those owing allegiance to these
institutions permits them.
Hindus
have never owned allegiance in faith to any one common head, secular or
spiritual. Divided into numerous religious groups and wisely exercising a wide
tolerance, they had no occasion to look for a common head. There never was a
central lay or spiritual authority to which all Hindu religious institutions
were subordinate in regard to any of their activities, though the state, being
then Hindu, exercised a general supervision through deeply devout authorities
to prevent scandalous maladministration. The individuality of the institutions
of the several sects and sections has grown up through the ages and should be
preserved, and yet the sects and sections should all be drawn together to set
up and maintain high standards of administration and to combine in forwarding
the cause of religion.
Many
of these institutions are sectional. The worshippers in each such temple or the
disciples of each such matha belong to only one community or just a few, though
in theory those temples and mathas may be open to all Hindus. Many
are sectarian in the rituals and in the observances and usages, though they do
not preclude of other sects from worshipping in them, provided they do not
claim to participate in certain of the observances and usages. Many of them are
worshipped in by devotees irrespective of the gods to which they are dedicated,
while others are not places of general worship. Quite a large number are
founded according to the Agamas while an even large number are based on local
or communal usages. Naturally, these institutions cannot be organised on the
pattern of one archetype and the organization has to vary with the composition
of the group, the character of the sect, the nature of the rituals and the
arrangements made for the conduct of certain of the observances. These
differences have to be preserved and allowed to express themselves in the
organization of the institutions concerned. If any attempt at eliminating them
is considered desirable it should be effected in stages by the public itself as
public opinion grows, allowing of the more conservative members of the sections
and the sects reconciling themselves to the changes.
It
has not to be forgotten that the large endowments which direct hungry eyes to
these institutions have grown through the ages from the gifts of innumerable
devotees who dedicated the properties without any notion that the fundamental
principles and usages of these institutions will not continue to be observed.
Nor has it to be forgotten that the fame of these institutions has grown
through the consecrated devotion of generations of devotees who have rendered
honorary services in them in the full belief that the system of rituals and
observances which they had participated in is of eternal validity and will
continue to be observed in the ages to come. If, hereafter, too, any endowments
are made and any services are rendered in these institutions it will be only in
the belief that the spirit of the past broods over and sanctifies and blesses
the future, for donors who have no such faith will render their support, not to
temples and mathas, but to such charities as their ‘modern’ mentality might
incline them to. There can be no transformations in the rituals and observances
and no application of the endowments to other purposes than those for which
they were founded though there should be no bar placed on the ordered growth of
modifications in consonance with the fundamental principles to suit changing
conditions.
Every
temple and matha should, therefore, be administered in conformity, not with
notions of what we decide to be proper either in our ignorance of the abiding
principles of the religion or in the burning enthusiasm of our zeal to rectify
what we may feel to be its infirmities, but with the wishes of those who have
over centuries been lavish with their properties and services, and made the
institutions what they were in the days of their glory. Should any enthusiast,
in the amplitude of his greater wisdom or of superior enlightenment, hold
otherwise it is for him to found new institutions and to endow them with ample
funds in justification of his faith and his enlightenment. He may not intrude
his notions into institutions which, owing none of their spirit or resources to
him, derive their greatness from the sacrifices of those of another way of
thinking and embody a different spirit.
From
these general considerations follow a number of conclusions of which two may be
referred to by way of example. Firstly, those Hindus who do not believe in
temples and mathas and those who have no regard for their principles,
observances and usages can have no right to participate in their administration
or to shape their policy. Secondly, the character which a temple or a matha has
acquired in the course of the centuries should be preserved: it is the
established customs, practices and usages of each institution that should
prevail and should determine how its affairs should be administered.
The
need for guaranteeing the established customs, usages, observances, rights,
honours, and the like has been recognised in theory, existing legislation
leaving them unaffected, but adequate machinery for ascertaining what they are
and for enforcing them when ascertained has been lacking. They are as good as
negatived in many cases. It is of the first importance that judicial
ascertainment and effective enforcement should be provided for.
The
matters that arise in these religious institutions are divisible into four
groups,-the secular, the religious, the social and the mixed. Social
matters are not likely to give rise to much of friction, for most points in
regard to them are well settled by usages and customs. New difficulties may be
expected to be settled by a process of give and take, once the administration
is vested in persons and bodies responsive to public opinion. The differences
that may be whipped up to create social distempers will prove so complex that
rash experiments will be brought to an early halt. The conscience of Hindu
society may be trusted to assert itself over wild plans and projects. It should
therefore be enough to provide machinery for only the other three groups of
problems.
4. A Project of
Re-organization
With
these principles and their corollaries and implications in mind there should be
no difficulty in framing legislation for the proper administration of these
institutions and their endowments. An attempt is made below to
suggest a framework of organisations which, it is believed; conforms to the
principles outlined above.1
The
scheme is by no means a complicated one. The complexity of the organisation of
religious activities in the West in their innumerable forms being unknown to us
in this country, we are apt to consider any comprehensive proposal for
religious organisation in this country to be complicated, not realising that
our problems are even more involved than those of western religious sections
and sects.
Mathas
are usually sectarian institutions, and often sectional too. They offer,
therefore, few difficulties in organization. If the position of the
Mathadhipati vis a vis the disciples and the endowments is settled, the
rest will automatically adjust itself.
Howsoever
a Mathadhipati may be appointed according to the usages of his Matha, he must
be liable to removal if the disciples are dissatisfied with him, expressing
their wishes through, for instance, a Committee of Disciples or through a
general vote in which, say, a sixty per cent majority is needed, or a combination
of both. The Mathadhipati should have exclusive authority to admit such one as
he chooses to discipleship but a removal therefrom should be liable to approval
by a Committee of Disciples. Any disciple may at any time forswear
discipleship. A fair percentage of the income of each Matha from all sources
should be assigned to the Mathadhipati for being spent by him in his absolute
discretion and the balance should be administered through a Committee of
Disciples in which the Mathadhipati is represented. All the endowments of the
Matha should be under the administration of that Committee. Doctrine and other
matters of religion including propaganda, should be decided on by the
Mathadhipati in collaboration with a Committee of disciples of learning, devotion
and character, of whom one half will be nominated by him and the other half by
the disciples. Matters that are intermediate between, or a mixture of, secular
and religious matters should be decided on by a joint Committee of Secular and
Religious Committees. Frequent meetings of disciples at the different centres
where they may be in strength and convocations of all the disciples at a
central place whenever occasion may arise should be insisted upon.
Temples
being more complex institutions than Mathas, their administration and control
are bound to be more complicated.
Those
who are interested in a temple are of different classes,–those who are
worshippers, those who also contribute to the funds and those who render
religious ‘services’. These three classes should be organized separately into
groups for each temple, for each local area, each district or other convenient
region and for the whole Province. The worshippers in a temple are naturally an
important group and their voice has to be heeded to. Those who
contribute funds to that temple are those who generally keep the temple
going,–whether the contributions be in the shape of lump
donations or of petty offerings of money or of offerings for archanas or
of the performance of festivals or Ubhayams or other services. In this
class must be included the descendants of those whose ancestors have endowed
foundations for the services in the temple. These should be put into a second
group in regard to that temple. The contributors of services in that temple form
a group including those who officiate as priests, as chanters of hymns,–the
Prabandha, the Veda and the Tirup-Padiyam, or instance–as Pauranikas, and as
volunteers offering their services in any of the religious activities of the
temple. These are generally ill-paid for their services,–where they are paid at
all,–and it is mainly their devotion that keeps them at their posts. It is
principally on this group that the burden of the ritual and the religious
services in temples falls and it is they who can ensure that they are
competently and regularly rendered. That in the smaller temples they are
usually too few in numbers to serve as checks on one another is no reason for
placing the responsibility for the due discharge of the services on others who
could, in the circumstances, be none other than lay authorities ignorant of
ritual or observances. We cannot but trust to these and they have generally
devotion enough to justify the trust. Usually there are enough laymen in each
local area who know enough to detect infractions and if only their cooperation
is secured,–as will be secured if re-organization proceeds on the lines
sketched here,–there will be adequate checks on the possible vagaries of the
actual officiants. The representatives of the group of worshippers and of the
group of contributors of funds should together have the control of the secular
administration of the temple. Representatives of the group of contributors of
service should have the control of the rituals and observances in the temple. All
these representatives together should have the administration of the mixed
matters of the temple. These representatives will be elected for a term of,
say, one year, by those on two corresponding electoral rolls for each temple.
Some mode of election securing ‘proportional representation’ at each stage is
essential.
Lest,
however, the more enterprising among the local representatives misuse their
position in the temple and lest the rancour of local factions affect the even
tenor of the administration, it is of the utmost importance that the local
representatives in each temple should have associated with them a set of
persons similarly interested, but nominated by a larger group, such as that for
the district or region or the section.
It
goes without saying that in the case of the great temples the representatives
of the larger territorial divisions should have powers enough to ensure that
the administration is carried on, not for the benefit of the local interests
alone, but for the benefit of all believing Hindus all over the region or the
Province or even the whole of India, according to the importance of each
temple. In those temples where there are numerous sources of income and
expenditure, and various rituals and festivals, there should be small committees
which will have the supervision of the collection and the disbursement of each
such major activity.
Where
a number of temples are situated in a local area, the representatives
comprising the several committees of the several temples should be formed into
a grand committee for the local area for purposes of co-ordination of efforts.
They should be free to form sub-groups in accordance with the several sects and
the sections to which their institutions belong. The local areas may vary in
extent depending on the number of institutions which may conveniently be
grouped together. The several classes of representatives in a local area, or of
institutions of sections, where they are so grouped together, should elect
district committee or regional committees and these should together, in their
turn, elect the Provincial Committees,–one for secular purposes and another for
religious purposes, at every stage. These two, at every stage, should together
form the Grand Committee for mixed purposes, at each stage. Membership of the
higher Committees should not be confined to members of the lower Committees and
it should always be possible to provide places for distinguished persons who
may not care to offer themselves for election. This provision may even be expanded
to make good a defect that appears on the surface. The bulk of Hindus in this
Province are not disciples of Mathas and, yet, if this scheme is adopted, the
representatives of Mathas will have a voice in the administration of the
institutions while those Hindus who are not attached to Mathas will go without
any influence on their management. or their policy. This is not as it should
be, for these preceptors and these disciples form important sections of the
Hindu community. This should not be difficult to get over. Every non-Matha
preceptor,– Acharya-Purusha or Desika,–who has a certain number of disciples
can be allowed to be represented in the committees for religious purposes by
nominees of his own and of his disciples, by an adaptation of the method suggested
for the Mathas. These committees should be in session as often as may be
necessary. Ordinarily they should function, when not in session, through
standing committees. The members of the Grand Committees for each area or
section should every year elect a panel of Presidents from among those
qualified to be members of the relevant Committee for religious purposes and
the members of the panel should, say, in quarterly rotation hold the
Presidentship of the Grand Committee. These dignitaries,–the members of the
several committees,–should be shown such honours as may be decided on in the
course of the years.
Every
higher Committee should supervise the activities of every Committee below it,
–inspecting the affairs of each institution within its jurisdiction and
supervising the administration. Every decision of a lower Committee should be
liable to be revised by the corresponding higher Committee.
The
administrative problems of Mathas and Temples not being fundamentally
different, certain provisions may be common to both.
A
representative at any level should be liable to be debarred from serving as
such, temporarily or permanently, for misconduct found by a higher authority
and should be liable to be surcharged on the decree of the tribunals mentioned
below. Every decision or act of everyone of these authorities without
jurisdiction, which is not set aside by the immediately higher authority within
a month or so, should, be liable to be quashed by the civil courts of the
country. All accounts and all papers,–except those that may relate to the title
to properties or to matters of equal gravity,–should be open to general
inspection. Every institution should publish full periodical reports of its
accounts and activities.
A
ministerial staff for each institution is absolutely indispensable but its
function should be merely that of carrying out the routine administration
subject to the several authorities of the institutions and the directions of
higher authorities. This ministerial establishment of each matha and temple,
except the personal staff of Mathadhipatis, should be recruited and ultimately
controlled by the All-Province organization, while the immediate control should
be in each institution.
For
the adjudication of disputes regarding customs, usages, observances, honours,
rights and the like there should be a series of ‘ecclesiastical’ tribunals
bound to adjudicate according to the established customs et cetera of
the respective institutions, and otherwise, according to ‘ecclesiastical’ law.
Disputes on such matters as purely civil obligations arising in these
institutions, disputes regarding elections and the like, will naturally
continue to be within the jurisdiction of the ordinary courts of the land.
Those ecclesiastical tribunals that exercise original jurisdiction should be
held at convenient local centres, and appellate jurisdiction must vest in an
ecclesiastical High Court the decisions of which will be final, except on
issues raising pure matters of civil law, in regard to which an appeal should
lie to the High Court of the Province. The judges of the ecclesiastical courts
should have been engaged in active practice in the ‘civil’ courts and should
have a special knowledge of what may in these institutions correspond to
ecclesiastical law and practice. The judges of the ecclesiastical High Court
should be appointed by the Governor of the Province on
the advice of the two seniormost temple-matha-believing judges of the High
Court of the Province and the two top-most members of the
Provincial Council of representatives for religious affairs. These tribunals
should have adequate powers and machinery to enforce their decisions.
The
proceedings of all these authorities should be in the light of full publicity.
The decisions of the ecclesiastical High Court should be ‘reported’ and be
treated as binding precedents.
These are mere outlines, which are roughly sketched for consideration by all those interested in these institutions. The picture that emerges may not be as clear as a draftsman of a statute requires but it is clear enough to enable the reader to appreciate what is aimed at. The controlling bodies will be as varied as the institutions themselves,–with variations of every grade in the worshipping groups, the rituals, the observances, the festivals, the resources, the zones of appeal,–and yet they will stand knit together in an attempt to evoke what is best in these institutions and to utilise them for the rejuvenation of Hinduism. The scheme is indeed something which, while creating a body that will effectively serve its immediate purpose, will at the same time help to evolve the new Hinduism that many are hoping for.
1
In March 1940 I had occasion, in conversation, to mention a few of these ideas
to Sir T. G. Rutherford, C.S.I., C.I.E., who, as ‘Adviser’ to the Governor of
Madras, had then before him a Bill on the subject which, during the tenure of
office of the ‘Congress Ministry’ of 1938-39, had been prepared by Dr. T. S. S.
Rajan, Minister for the subject, and was considering the advisability of
publishing it so as to prepare the ground for the ‘Popular Ministry’ inevitable
on the war coming to a close. On his desire that I would set my ideas down in a
Memorandum for him I drafted two plans,–a simple one
dealing with only the major problems and a full one marking a radical
departure, but both of them based on the principles urged here. He preferred
the simpler scheme, as was but natural in one not a Hindu. The ‘Adviser’s
advertisement’ abandoned ultimately the idea of seeking public opinion on Dr.
Rajan’s Bill. It is this Bill which, in substance is the measure now before the
Madras
Legislature. The scheme presented by me here is a version of the fuller of the
two plans which I had placed before Sir T. G. Rutherford.