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LATEST NEWS UPDATES | Madras HC brings temples under RTI ambit-A Subramani

Madras HC brings temples under RTI ambit-A Subramani

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published Published on Jun 18, 2012   modified Modified on Jun 18, 2012
-The Times of India

CHENNAI: A temple is a public institution, and its activities are covered by the provisions of the Right To Information (RTI) Act even if it is administered by hereditary trustees, the Madras high court has ruled. 

Justice K Chandru was passing orders on a writ petition filed by a hereditary trustee of the Sri Vengeeswarar Alagarperumal and Nagathamman Koil Devasthanam in Vadapalani questioning the legality of a circular issued by the commissioner of the Hindu Religious and Charitable Endowments (HR&CE) department to appoint a public information officer (PIO) for temples administered by trustees. The March 27 circular was necessitated by complaints of inordinate delay in furnishing information to RTI applications. 

Noting that secrecy in temple activities would result in gradual degradation of temple administration, the judge said: "It cannot be contended that the temple activities are private activities and they are not covered by the provisions of the RTI Act." 

The petitioner had contended that a temple coming under the purview of the HR&CE department was not an administrative unit or an office of a public authority. Therefore, it could not be brought under the RTI Act, and the hereditary trustee could not be nominated as a PIO under the Act. 

Justice Chandru, dismissing the petition and upholding the validity of the circular, said: "The temple is a public institution. Merely because it is administered by a hereditary trustee, the public character of a temple will not disappear. Temples are clearly brought under the HR&CE Act, and further, public collections are made for various activities of the temple, including rituals. The state government also spends huge amounts every year for administering the department to manage the temples and also releases various grants for renovation of the temples including special grants for conducting Kumbhabishekam periodically. While that is so, it cannot be said that the temple is a private institution for the purpose of the RTI Act." 

Pointing out that even a private body substantially funded by the State is covered by the RTI Act, Justice Chandru said: "Once it is held that the temple is covered by the provisions of the RTI Act, certainly the unit will have to have a PIO. In respect of a hereditary temple as well as a unit run by scheme decrees, the information is available only with the trustees or the trust board. It is too much for the executive officer to seek information from those trustees and thereafter pass on the information to an information seeker."


The Times of India, 18 June, 2012, http://timesofindia.indiatimes.com/city/chennai/Madras-HC-brings-temples-under-RTI-ambit/articleshow/14220349.cms


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