Shimla: The Himachal Pradesh High Court has ruled that temple funds cannot be diverted, transmitted, or donated to government welfare schemes or activities unrelated to religion, emphasising that donations are made by devotees with the expectation that funds will be used solely for temple maintenance, care of deities, and promotion of Sanatan Dharma.
Court judgment and key directions
A division bench of Justices Vivek Singh Thakur and Rakesh Kainthla delivered a detailed 38-page judgment on Friday, disposing of a civil writ petition concerning proper utilisation of temple funds under the Hindu Public Institutions and Charitable Endowments Act, 1984.
The bench clarified that temple funds must strictly be used for:
- Care and maintenance of deities
- Upkeep of temple spaces
- Promotion of Sanatan Dharma
“The 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.
Instances where temple funds cannot be used
The court explicitly prohibited the use of temple funds for:
- Construction of roads, bridges, or other public infrastructure
- Government welfare schemes
- Investments in private businesses or profit-making ventures
- Purchasing vehicles for commissioners, temple officers, or officials
- Buying gifts or mementoes for VIP visitors, including chunni (scarf) or prasadam
Temple officers or commissioners can claim reimbursement for legitimate temple-related expenses only at government rates for official vehicle use.
Transparency and accountability
To ensure public confidence, the court directed all temples to display on notice boards:
- Monthly income and expenditure
- Projected fund utilisation
- Audit summaries
The bench emphasised that temple trustees are custodians of the funds, as “the deity is a juristic person and the funds belong to the deity and not the government.” Any misuse of funds will amount to criminal breach of trust, and trustees will be personally liable for recovery of misused amounts.
Background of the petition
The petition was filed by Kashmir Chand Shadyal, seeking directions to ensure strict compliance with statutory provisions related to budget preparation, account maintenance, and expenditure under the 1984 Act. The court’s ruling provides comprehensive instructions to prevent diversion of temple funds and protect devotees’ trust.