Catholic Bishops’ Conference is examining Madras High Court suggestion to bring Church assets under state control

Church leaders have expressed concern over a southern Indian court's suggestion to bring Church properties under state control like in the case of Hindus and Muslims following graft allegations.

Churches have vast properties and their funds are drained to fuel a power struggle, noted the Madurai bench of the Madras High Court in a recent ruling.

India

Indian court order on Church properties worries Christians

Catholic Bishops’ Conference is examining Madras High Court suggestion to bring Church assets under state control

UCA News reporter

Updated: October 30, 2024 05:43 AM GMT

Indian Church leaders meet Prime Minister Narendra Modi (center) in New Delhi on Dec. 25, 2023. (Photo: Delhi archdiocese)

Church leaders have expressed concern over a southern Indian court's suggestion to bring Church properties under state control like in the case of Hindus and Muslims following graft allegations.

Churches have vast properties and their funds are drained to fuel a power struggle, noted the Madurai bench of the Madras High Court in a recent ruling.

The court on Oct. 23 served notices on the federal and the provincial Tamil Nadu governments, seeking their opinion on bringing Church properties under a statutory board like in the case of Hindus and Muslims.

We are aware of the court order, said Father Robinson Rodrigues, spokesperson of the Catholic Bishops' Conference of India (CBCI).

  Our legal department is conducting a study on its implications, Father Rodrigues told UCA News on Oct. 29.

The priest, however, refused to divulge details, saying the matter is subjudice.

Like in the case of Hindu and Muslim charitable endowments, Christian institutions lack a comprehensive statutory body, the court observed. 

Unlike the properties of the Hindu endowment or the Muslim Waqf [charity] Board, Church properties are purchased and not donated, said Father A Santhanam, a Jesuit priest practicing law at the Madurai court.

  Therefore, the findings of the court are not entirely correct, Santhanam told UCA News on Oct. 28.

The priest, however, cautioned Church leaders against mismanaging properties, saying when we mismanage, outside forces, including the judiciary, will intervene.

We should not give room for such things, he warned.

The court will resume hearing the case, which is related to the appointment of employees and their salaries at Scott Christian College in Kanniyakumari in Tamil Nadu, on Nov. 18.

The court noted that Church assets and funds were misused for personal gain.

Since Indian courts handle many cases related to Church properties, the Madurai bench underscored the need for a permanent statutory body to ensure accountability.

The court observation stems from a series of petitions by followers of the Church of South India (CSI), a Protestant denomination which inherited Anglican Church properties after India's independence in 1947, said a Church leader who did not want to be named.

The Madras High Court formed a two-member panel in April to oversee the administration of the crisis-ridden CSI following administrative disputes.

India's Supreme Court, however, had restrained the administrators from exercising their powers.

We should settle our differences between ourselves. Otherwise, the government will formulate polices to control Church properties, added the Church official.

Many Christian groups in southern Kerala state and Maharashtra in the west have sought laws to govern Church properties.  

Christians make up a mere 2.4 percent of India's 1. 4 billion people.

https://www.ucanews.com/news/indian-court-order-on-church-properties-worries-christians/106854

Indian Church leaders meet Prime Minister Narendra Modi (center) in New Delhi on Dec. 25, 2023. (Photo: Delhi archdiocese

Madurai Bench of Madras HC suggests legislation to monitor administration of properties of Christian institutions and control illegal activities of administrators

Updated - November 22, 2024 03:00 pm IST - MADURAI

The Hindu Bureau

The Madurai Bench of the Madras High Court has suggested that the Central government enact a legislation along the lines of the Hindu Religious Endowments Act and the Waqf Act to monitor the administration of properties of Christian institutions and curb any illegal activities by the administrators.

A Division Bench of Justices P. Velmurugan and K.K. Ramakrishnan also suggested that a suitable amendment be made to the Registration Act, prohibiting the alienation of properties of Christian institutions without the permission of the court.

The court said it had taken judicial notice of some fraudulent transactions made by the administrators of Christian communities selling properties illegally to enrich themselves.

The main reason for the illegal transactions was the lack of suitable legislation to control the management of the properties of the Christian society, the court said.

Therefore, to keep a check on the administration of the properties of Christian institutions, a legislation with suitable provisions to manage such properties was required, the court said.

The court said it had issued such a direction only in the interest of protection of the properties of Christian institutions, considering the extraordinary situation. It made the suggestion while hearing a case relating to a Christian Society.

Earlier, Justice N. Sathish Kumar, while hearing a similar case, observed that while the charitable endowments of Hindus and Muslims were subject to statutory regulation, no such comprehensive regulation exists for endowments of Christians. To make the institution more accountable, there must be a Statutory Board to regulate the affairs of the administration, it said.

The court sought a response from the Centre and the State governments in this regard.

Published - November 21, 2024 08:34 pm IST

https://www.thehindu.com/news/cities/Madurai/hc-suggests-centre-to-bring-suitable-act-to-check-administration-of-properties-of-christian-institutions-and-control-illegal-activities-of-administrators/article68894677.ece

The Dark Side of the Waqf Amendment

 

The Dark Side of the Waqf Amendment

 Fr. Gaurav Nair

 07 Apr 2025

American author Emily Giffin says, "Life is about the grey areas. Things are seldom black and white, even when we wish they were and think they should be, and I like exploring this nuanced terrain." Regrettably, most conduct rarely reflects such nuance.

The Waqf (Amendment) Bill has been passed in the Parliament and will soon be signed into law by President Droupadi Murmu. Many groups, even those that should not be, are celebrating it as a victory. But is it truly a win or just the experimental beginning of a nightmare? In Waqf's case, what has changed overall is only how they are administered. There are no guidelines for expediating existing litigations except for the application of the Limitations Act 1963, which will only facilitate the alienation of property. Essentially, the government has just inserted provisions that are beneficial to itself and its agenda.

In an ironic twist, the Bill requires the presence of two non-Muslims on the board, excluding an ex officio member, claiming transparency requirements. No such intent was seen when Tirumala Tirupati Devasthanams (TTD) sacked non-Hindus from its board. Does that mean the TTD is allowed to be opaque in its dealings?

The Bill has also placed state officers as arbiters. It is no secret that the government and its offices are the footsoldiers of the saffron-clad hate-mongers. How can anyone expect any kind of impartiality from them? Observing the conduct of governors in states not governed by the BJP, one can discern that they invariably prioritise party interests over those of the people.

To be fair, the Bill does inject a measure of transparency and discipline into the existing framework. Yet, the Act itself remains ensconced in a murky grey area—its former arbitrariness is now somewhat restrained by amendments but simultaneously offers a sanctioned route for an unscrupulous government to victimise its "enemies." It is doubtful that this pursuit will be limited solely to those presently identified.

Worryingly, the introduction of this Act has set a dangerous precedent and lsid groundwork for targeting other communities as well. The fears are not unfounded. In October 2024, the Madras High Court had sought the views of the Union and Tamil Nadu governments on making Christian institutions accountable by bringing their assets, funds and entities like hospitals and schools/colleges under a statutory board on the lines of Wakf Board. 

Just last month, on March 23, there was a protest against the construction of a "Heritage Interpretation Center" on the ruins of the Five Wounds of Christ Church, which is also within 100 meters of the world heritage site of Bom Jesus Basilica in Goa by the state BJP-government. While the state tourism minister Rohan Khaunte claims that it is being done with "concurrence of Church authorities," the Church refutes them.

When the government does not fear to blatantly lie when it is not part of a group, how much more will it do so when it has legitimised its presence within?

It is tragic that people who claim to be intelligent and clever leaders turn obtuse and lose sight of the bigger picture. It is genuinely concerning that people had been targeted in the name of Waqf land, but the way forward should be through dialogue and measured legal recourse and not supporting evil and basking in schadenfreude at the misfortune of another.

Christians under attack from Hindu fundamentalists in India Uttar Pradesh state is once again worst for atrocities against the Christian community with 95 recorded incidents

January 21st, 2021 at 10:53 am (Europe\Rome). Updated January 21st, 2021 at 11:01 am (Europe\Rome) La Croix International Share print An annual report by the Evangelical Fellowship of India (EFI), a Protestant organization, recorded 327 violent attacks on Christians in 2020. The report said the targeted attacks by fundamentalist groups included five murders, 26 incidents of social boycotting and six incidents of churches being destroyed or burned. The EFI's Religious Liberty Commission and other Christian agencies, including a national helpline co-founded by the EFI five years ago, documented the incidents throughout the year. “The incidents recorded are by no means an exhaustive list as many remain unreported and unrecorded even in normal years because of the fear of further atrocities,” Rev. Vijayesh Lal, EFI general secretary, said in the report published on Jan. 14. “Christians, especially pastors in rural areas, were victims of violence and had their congregational prayers disturbed and places of worship attacked. “Political excoriation, police impunity and vigilante groups on their trail marked the experience of many Christian communities in several parts of the country at the height of the COVID-19 spread.” The report said the most alarming development last year was the expansion of the Freedom of Religion Act, also known as the anti-conversion law. Uttar Pradesh in northern India was the latest state to enact it as seven other states ruled by the pro-Hindu Bharatiya Janata Party (BJP) already have. The law once targeting only Christians now encompasses Muslims in the guise of curbing so-called “love jihad.” Meanwhile, there are reports of police action over alleged religious conversions after the promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020. The ordinance, approved on Nov. 24 by chief minister Yogi Adityanath and his cabinet, stipulates a jail term of up to 10 years for those found guilty. Hindu nationalists often accuse Christians of using force and surreptitious tactics in pursuing conversions, often storming into villages and leading “reconversion” ceremonies in which Christians are compelled to perform Hindu rituals. The EFI report describes the hatred and violence targeted against the Christian community. It said the incidents in the document are first recorded by volunteers who pass on the information to the EFI, which verifies it with victims or witnesses. Uttar Pradesh once again heads the list of atrocities against the Christian community with 95 recorded incidents. The northern state is followed by Chhattisgarh in central India with 55 incidents, most taking place in the tribal region of Bastar, a Maoist area. In Chhattisgarh, Hindu fundamentalist groups face almost no political challenge. The Church has been present in the region for the last 200 years, report said. The push of the Hindu right-wing agenda in Jharkhand is similar to that of Chhattisgarh and has resulted in violence and social boycotts of Christians. Jharkhand and Madhya Pradesh registered 28 and 25 incidents respectively. In Madhya Pradesh, all the incidents took place between March and December and no incidents were recorded in the first two months. Incidentally, it was in March that the BJP wrested power from Congress in the state. Most incidents in the state occurred in the last four months of the year. Tamil Nadu in southern India registered 23 incidents. The state had the second-largest number of cases in 2019, registering 60 incidents. It had the fifth-highest total in 2020. The months of March and October saw the highest number of incidents recorded in India against Christians, with 39 and 37 incidents respectively. May was the lowest with only 12 incidents. This was perhaps due to the lockdown of the entire country. Meanwhile, the EFI has appealed to federal and state governments to ensure the rule of law and the security of religious minorities in India. The EFI, founded in 1951, is a national alliance of evangelical Christians. It includes over 54 Protestant denominations and related congregations (over 65,000 churches), more than 200 mission agencies and organizations and thousands of individual members. https://aclj.org/persecuted-church/rising-persecution-christians-in-india-under-attack-by-radical-hindu-movements

Rising Persecution: Christians in India Under Attack by Radical Hindu Movements

By CeCe Heil | March 27 5 min read Persecuted Church Listen to this article There has been a disturbing escalation in the persecution of Christians in India. Despite being a minority of 2.3% in a population of 1.4 billion, Christians in India face increasing hostility and violence. This issue is not just about religious intolerance; it’s about the fundamental human rights that are being violated every day. In recent years, India has witnessed a significant rise in violence against Christians. In 2024, United Christian Forum, an organization focused on protecting human rights in India, reported 834 instances of violence against Christians. This is an increase from the prior year when it reported 601 instances. Sadly, these numbers do not include the instances that remain unreported. However, these numbers represent a stark increase from the 150 incidents recorded in 2014 when Prime Minister Modi came to power. These current attacks range from arson of churches to physical violence, sexual assaults, and even murders. The rise in anti-Christian violence coincides with the growing influence of Hindu nationalist groups, such as the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP), both of which Modi is a member. These groups have been accused of inciting violence and exploiting communal tensions for political gain, as they shamefully portray Christians as a threat to Hindu culture and society. The agenda of the RSS and BJP concerning Christians in India is part of their broader strategy to promote Hindu nationalism and marginalize religious minorities. This has led to a significant increase in violence and discrimination against Christians in recent years. Some may believe that the Hindu nationalism agenda is just a few low-lying bad actors in government; unfortunately, Prime Minister Modi himself has ties to the BJP and RSS, and they are rather deep ties. Modi joined the RSS in his youth, participating in its activities and adopting its ideology. The RSS has had a significant influence on Modi’s political career and policies. And even as Prime Minister, he maintains close ties with the RSS. Modi also became a member of the BJP. Modi held various positions within the BJP, including serving as the Chief Minister of Gujarat from 2001 to 2014. Let’s not forget that Modi oversaw Gujarat during the riots of 2002, and many have argued that he was complicit in the violence that is frequently referred to as the Gujarat Genocide. Nonetheless, when Modi became the Prime Minister of India in 2014, he led the BJP to a significant electoral victory. Motivated by the RSS and BJP, one of the most troubling ways the government achieves its Hindu nationalism agenda is the use of anti-conversion laws. These laws, enacted in several states under the BJP’s rule, are ostensibly designed to prevent forced conversions. However, they are often used to target Christians, criminalizing legitimate religious activities and leading to the arrest and harassment of clergy members and other Christians. In Uttar Pradesh, for example, the law prohibits conversion by “misrepresentation, force, undue influence, coercion, allurement, or by any fraudulent means,” which is a definition broad enough to encompass almost any form of religious outreach or practice. The impact of these laws and the violence they incite is profound. Christians in India face not only physical attacks but also social ostracism. They are denied access to government benefits available to Hindus, and, in some cases, they are even barred from drinking the same water or burying their dead in the community. This systemic discrimination perpetuates historic injustices and undermines the constitutional protections meant to ensure religious freedom. India’s constitution guarantees freedom of religion and prohibits discrimination based on religion. The preamble declares India a secular state, and Articles 25 to 28 ensure that every citizen has the right to practice and promote their religion peacefully. Despite these constitutional protections, the reality on the ground tells a different story. Additionally, Prime Minister Modi has made statements emphasizing religious tolerance and the importance of respecting all faiths. In a speech in 2015, he said, “Everyone has the undeniable right to retain or adopt the religion of his or her choice, without coercion or undue influence.” He also emphasized that “unity strengthens us, division weakens us.” However, the actions of his government and the rhetoric of Hindu nationalist groups often contradict these statements, leading to an increase in hate speech and attacks on religious minorities. The involvement of the BJP and RSS in the persecution of Christians is well-documented. The RSS, as the ideological mentor of the BJP, has been accused of inciting violence against Christians and other religious minorities. In October 2021, Mohan Bhagwat, the head of the RSS, made a speech warning Hindus about religious conversions and alleged “demographic changes” in India’s northeastern states that have a large Christian population. This speech was followed by a series of violent attacks on Christians and churches across India. The situation is particularly dire in states like Uttar Pradesh and Chhattisgarh, where the number of incidents targeting Christians is alarmingly high. In Manipur, the crisis has reached a critical point, with hundreds of lives lost, church buildings destroyed, and tens of thousands of people displaced. As we reflect on these troubling developments, it is crucial to remember that the persecution of Christians in India is not just a religious issue; it is a human rights issue. It is a call to action for all of us to stand up for the principles of religious freedom and equality. We must demand that the Indian government take concrete steps to protect its Christian citizens and ensure that their rights are respected. The persecution of Christians in India is a stark reminder of the challenges we face in promoting religious tolerance and human rights. It is a reminder that our work is far from over and that we must continue to advocate for justice and equality for all. https://aclj.org/persecuted-church/rising-persecution-christians-in-india-under-attack-by-radical-hindu-movements