Churches and Christian missions across India have expressed their dissatisfaction with the Madras High Court's observation about the need for a statutory board to regulate church properties, similar to the Waqf Board for Muslim endowments, to enhance accountability and transparency.
The observation comes amidst deliberations in a Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill, 2024, which aims to revise the composition and functioning of the Waqf Board.
Leaders of prominent Christian organisations, including the National Council of Churches in India (NCCI) and the Catholic Bishops Conference of India (CBCI), which together oversee approximately 90% of the churches in India, have expressed their dissatisfaction with the court's suggestion, The Indian Express reported.
The court noted in its observation made in late October that while charitable endowments for Hindus and Muslims are regulated under statutory frameworks, a comprehensive mechanism is lacking for Christian endowments. The court suggested that creating a statutory body for this purpose would enhance accountability and transparency.
The High Court’s observation came in a case involving church properties, prompting it to implead both the Union Home Ministry and the Tamil Nadu government. The court emphasised the need for regulatory oversight akin to statutory boards, stating that the current reliance on the Code of Civil Procedure under section 92 for addressing disputes was inadequate.
Christian organisations have countered this stance, arguing that church properties are already governed under existing legal frameworks, including the Societies Act, Trusts Act, and Companies Act. These laws, they contend, ensure compliance and accountability without necessitating the creation of an additional regulatory body.
The Christian leadership has pointed out that the Indian Constitution allows minority communities to establish and administer their own institutions, including educational and healthcare facilities. They argue that imposing another layer of oversight would not only be redundant but could also interfere with these constitutionally guaranteed rights.
The issue has triggered widespread discussions among Christian institutions, which fear that the proposed regulatory mechanism may undermine the autonomy they currently enjoy. Many leaders have also highlighted that existing laws ensure transparency and proper documentation of church-owned properties, making an additional statutory body unnecessary.
The observation has come at a time when debates around governance frameworks for religious endowments are intensifying, with implications for the autonomy of minority institutions. The response of the Union and Tamil Nadu governments to the High Court’s directive is awaited, as it could shape the future regulatory landscape for church properties in India.