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Court was earlier told that there was enough data to suggest that money which was in receipt of temples was being fettered away and mismanaged
The Supreme Court on Wednesday, October 18, dismissed a plea filed by Advocate Ashwini Upadhyay which challenged certain provisions of The Hindu Endowments Acts' across India on the ground that they pervade right to equality as all other religions have no such regulation.
Last year, Supreme Court had agreed to hear the instant plea raising questions about various Hindu Religious and Charitable Endowments (HRCE) laws operating in different states across India.
Notably, the Endowments acts of states viz. Karnataka, Telangana, Andhra Pradesh, Puducherry and Tamil Nadu were challenged.
Upadhyay sought direction(s)/order(s)/declaration that Hindus, Jains, Sikhs and Buddhists "have similar rights to establish, manage and maintain their religious places like Muslims, Parsis, Christians" and that "those belonging to these religions have similar rights to own, acquire, administer movable, immovable properties of their religious places like Muslims, Christians and that the State cannot abridge these rights."
CJI DY Chandrachud led bench opined that the prayers were very broad in nature.
"File a proper petition, what are these prayers..all this is already covered under Article 14", the bench also comprising Justices Pardiwala and Manoj Misra said.
Upadhyay then sought to with draw the plea and intervene in related petitions. "Counsel appearing on behalf of the petitioners seek the permission of the Court to withdraw the Petitions to intervene in a pending writ petition. 2 The Petitions are dismissed as withdrawn", court has noted in its order.
The other petitions filed before court seeking a Uniform Endowment Code has been listed for hearing on January 9, 2024.
Raising questions about equal treatment of temples, gurudwaras at par with mosques, churches etc, Upadhyay's plea asked whether a secular state can make laws to abridge rights of Hindus, Jains, Buddhists, Sikhs guaranteed under Article 26 of Constitution of India, whether the Religious and Chaitable Endowments laws enacted under Article 26 must be in conformity with Articles 14,15, and whether state laws which discriminate against temples, gurudwaras, mosques and churces are contrary to Articles 14, 15 and 26.
The petition also sought a declaration that laws made to own, acquire, administer movable, immovable properties of temples, gurudwaras, are arbitrary, irrational, and offend Articles 14, 15 and 26 and if necessary, demands that the "Court may direct the Centre or Law Commission to draft a 'Common Charter for Religious and Charitable Institutions' and 'Uniform Code for Religious-Charitable Endowments'.
Case Title: Ashwini Kumar Upadhyay vs. UOI & Ors.
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