Budhaditya Ghosh (West Bengal National University of Juridical Sciences) has posted Sacramental Property: Evolving a New Model for Temple Management on SSRN. Here is the abstract:
This paper examines the necessity of evolving a new management model for Hindu temples, arguing that current “secular” state control is a colonial vestige that undermines religious agency. Historically, temples functioned as self-governing community hubs under the principles of Dana (charity) and Palana (protection). However, modern administration is frequently characterised by financial exploitation (Shoshan) and bureaucratic oppression (Shashan). The author proposes a “Religious Trust” doctrine, shifting management from the State to independent boards comprising priests, devotees, and staff who owe a fiduciary duty to the presiding deity. This framework suggests establishing a Registrar of Hindu Religious Endowments (ROHRE) for administrative classification and a hierarchy of state-independent Sabhas for sacramental oversight. Temples would be categorised (Iconic to Impoverished) to tailor governance and support. To ensure community accountability, the model introduces “Bhakta Sabhas” and mandates “public benefit” and “pious benefit” spending for infrastructure, education, and scriptural preservation. Ultimately, the paper contends that the Indian State has a positive obligation to support and propagate Dharmic institutions to maintain the civilizational continuity of Bharat.
To receive a daily summary of posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.