In a significant move, the Madras High Court has sought the views of the Union and Tamil Nadu governments on making Christian institutions more accountable by bringing their assets, funds, and entities like hospitals and schools/colleges under a statutory board, similar to the Wakf Board.
In his observations on Friday, Justice N Sathish Kumar noted the stark contrast in the regulatory framework governing different religious endowments in the country. “While the charitable endowments of Hindus and Muslims are subject to statutory regulation, no such comprehensive regulation exists for such endowments for Christians,” he said.
The judge added that the “only scrutiny/oversight over the affairs of these institutions is by way of a suit under Section 92 of the Code of Civil Procedure.”
Hearing a batch of petitions related to the administration of Scott Christian College in Nagercoil, Justice Sathish Kumar highlighted the wider implications of the lack of oversight. “Churches not only have vast properties but also educational institutions. In the process, the institutions which these elected persons are supposed to protect and safeguard suffer administratively and financially as their funds are drained to fuel the power struggle,” he observed.
The judge noted that it has become a “regular practice” for the court to appoint administrators to manage various dioceses as a temporary measure to “alleviate this problem.” However, he stressed the need for a permanent solution to enhance the accountability of church administrations.
Emphasising that these institutions perform crucial public functions like running educational institutions and hospitals, Justice Sathish Kumar said, “Their assets and funds require protection and must be safeguarded.”
Pointing to the concurrent legislative jurisdiction over trusts, charities, and religious institutions, the judge said there is no legal impediment for the Union or state governments to introduce legislation in this regard. “To make the institution more accountable, there must be a statutory board to regulate the affairs of the administration,” he observed.
The court also took judicial notice of the fact that the filing of these types of cases has become a “yearly affair” with rival factions belonging to various churches litigating against each other. The judge noted that “To strengthen the positions, in the administration, only the church funds have been used in all the litigations.”
In view of these concerns, Justice Sathish Kumar suo motu impleaded the Union Home Ministry and Tamil Nadu government, directing them to file reports explaining their stand on the proposed accountability measures for Christian institutions.
