Mumbai, June 2026 The Mahayuti government in Maharashtra has paused the draft of the proposed ‘Maharashtra Devasthan Inam Abolition Act, 2026’, signaling a substantive policy rethink in response to intensive stakeholder feedback from religious endowment bodies, civil society groups, and legal experts.
The decision follows sustained representations by organizations such as Hindu Janajagruti Samiti (HJS) and Vishwa Hindu Parishad (VHP), alongside trustees and devotees across Hindu, Buddhist, Jain, and Sikh communities, who cautioned that an across-the-board repeal of Devasthan Inam status could inadvertently dilute institutional autonomy and destabilize the revenue streams that support daily worship, monastic life, community kitchens, education, healthcare, and heritage conservation.
In historical context, Devasthan Inam lands denote revenue-free or concessional grants bestowed upon dharmic institutions to ensure stable, perpetual funding for religious and social functions. Many such tenures originated under pre-colonial polities and continued under colonial and post-independence regimes, often interacting with tenancy reforms and charitable trust laws. In Maharashtra, these legacy tenures frequently interlock with the Bombay Public Trusts Act, 1950, and other land and tenancy statutes, creating a complex legal architecture that governs title, possession, and use.
Early commentary on the paused draft indicates that its animating objective was to rationalize tenure categories, standardize records, and address persistent encroachments and disputes. Stakeholders, however, feared that extinguishing the inam category without robust carve-outs and safeguards might unintentionally centralize control, blur the juristic personality of the deity or institution, and alter long-standing revenue flows that keep temples, viharas, derasars, and gurdwaras functional and resilient.
India’s constitutional framework provides the operative guardrails for any such reform. Article 25 secures freedom of conscience and religion, while Article 26 recognizes the right of religious denominations to manage their own affairs in matters of religion; to own and acquire movable and immovable property; and to administer such property in accordance with law. The Supreme Court’s jurisprudence, beginning with the Shirur Mutt decision (1954), draws a careful line: the State may regulate the secular administration of religious endowments, but it cannot erode essential religious practices or effect a de facto permanent takeover absent demonstrated mismanagement. Subsequent rulings, including Seshammal v. State of Tamil Nadu (1972) and Subramanian Swamy v. State of Tamil Nadu (2014), have reinforced these limits by upholding reasonable regulation while cautioning against overreach.
Because “charitable and religious endowments” fall within the Concurrent List, States enjoy legislative latitude to regulate administration, improve transparency, and protect beneficiaries, provided interventions remain faith-neutral, proportionate, and respectful of denominational autonomy. Comparative experience shows a wide spectrum of state-level approaches: from comprehensive endowments departments to targeted oversight regimes that prioritize financial integrity and public accountability without subsuming ecclesiastical decision-making.
Against that backdrop, Maharashtra’s pause reflects both legal prudence and political sensitivity. The balance to be struck is precise: curbing encroachments and modernizing records, while preserving the institutional independence and income integrity that allow dharmic bodies to fulfill their mandates. The stated concernspotential diversion of endowment income, erosion of trustee discretion, and uncertainty around deity or institutional titletranslate into concrete risks if reform is not carefully sequenced and precisely drafted.
Civil society mobilization around this issue has not been monolithic. While Hindutva-aligned organizations such as HJS and VHP prominently voiced apprehensions, the underlying questionshow to secure temple and monastery lands, sustain charitable functions, and protect sacred assetsresonate across Hindu, Buddhist, Jain, and Sikh constituencies alike. The shared interest is clear: faith institutions should remain community-anchored, financially sound, and transparently administered as public trusts serving spiritual and social welfare.
Sound reform design begins with evidence. Maharashtra could commission a time-bound, independent review to map the full inventory of Devasthan Inam lands using cadastral and GIS tools; clarify the interface with tenancy and trust law; catalogue revenue flows; and identify litigation bottlenecks. Such a baseline would facilitate targeted solutionsranging from title confirmation and boundary adjudication to specialized mechanisms for removing encroachmentswithout disturbing legitimate possessory and beneficial interests.
Legislative drafting can then be anchored to constitutional first principles. Any abolition or reclassification of tenure should be paired with statutory guarantees preserving institutional ownership or beneficial title, ring-fencing religious income for religious and allied charitable purposes, and explicitly safeguarding rites, rituals, and denominational decision-making. Provisions should distinguish core religious functions from secular administration, reserving the latter for light-touch, audit-centered oversight.
Institutional architecture matters. A faith-neutral, quasi-judicial endowments regulator with representation from Hindu, Buddhist, Jain, and Sikh trusts could adjudicate disputes on administration and land protection, issue governance advisories, and uphold minimum standards in procurement, investment, and disclosurewithout intruding into spiritual prerogatives. Short, non-renewable oversight interventions limited to proven mismanagement, coupled with clear exit conditions, would reflect Supreme Court guidance and minimize the risk of indefinite control.
Transparency and technology can reduce friction. Mandatory annual disclosures, standardized trust deeds and scheme documents, professional audits, and public dashboards summarizing income, expenditure, and project pipelines would build confidence among devotees and donors. Integrating land records with a tamper-evident audit trail, verified by geospatial data and third-party surveyors, would help prevent fresh encroachments and expedite recovery of wrongfully occupied parcels.
Financial stewardship should prioritize mission continuity. Statutory ring-fencing of religious income for liturgical functions and traditional seva; prudent investment policies to preserve corpus value; and explicit provisions enabling expenditures on education, health, annadanam, and heritage conservation would recognize the blended spiritual–social role of dharmic institutions. Where feasible, dedicated endowment protection funds could underwrite litigation, surveying, and boundary demarcation costs.
Equally important is cultural sensitivity. The lived experience of devoteeshearing the morning bell, partaking in prasad, seeking counsel from monks and acharyas, or resting at a gurdwara langardraws life from endowment-backed continuity. Policy reforms that protect lands and ensure predictable revenue strengthen this tapestry across traditions, fostering unity through shared stewardship of sacred spaces and the values they manifest.
Process design should be participatory and time-bound. A public consultation paper, district-level hearings, submissions from peethams, maths, viharas, derasars, gurdwaras, and heritage scholars, followed by a consolidated white paper, would create a transparent evidentiary record. Clause-by-clause legislative scrutiny, with a formal statement of compatibility with Articles 25 and 26, can further de-risk the statute from constitutional challenge.
Ultimately, Maharashtra’s decision to pause the draft is an opportunity to replace suspicion with trust and to move from contention to consensus. A carefully crafted, faith-neutral frameworkrespectful of denominational autonomy, grounded in constitutional doctrine, and energized by modern land-governance toolscan protect sacred assets, sustain social welfare, and model cooperative federalism in the management of religious endowments.
In policy terms, success will be measured not merely by the absence of encroachment or litigation, but by the flourishing of dharmic institutions as vibrant public trusts: places where spiritual practice, community service, and cultural heritage reinforce one another, and where the bonds among Hindu, Buddhist, Jain, and Sikh traditions are strengthened through principled, transparent, and inclusive governance.
Inspired by this post on Struggle for Hindu Existence.
