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This is an archive article published on November 19, 2024

Madras HC observation on Waqf-like body leaves churches worried

Leaders of two major bodies — the National Council of Churches in India (NCCI) and Catholic Bishops Conference of India (CBCI) — which govern about 90% of the churches in India expressed their discontent at the observation made in the last week of October.

HC observation on Waqf-like body leaves churches worriedThe NCCI and CBCI, however, have said that church properties are governed by existing laws in the country, including Societies Act, Trusts Act and Companies Act.

A Madras High Court observation that church properties should be governed by a statutory body similar to the Waqf Board is worrying churches and Christian missions across the country. This, even as the Waqf Board’s composition itself is being renegotiated under a Joint Parliamentary Committee (JPC) looking into Waqf (Amendment) Bill, 2024.

Leaders of two major bodies — the National Council of Churches in India (NCCI) and Catholic Bishops Conference of India (CBCI) — which govern about 90% of the churches in India expressed their discontent at the observation made in the last week of October.

The court observed, “While the charitable endowments of Hindus and Muslims are subject to statutory regulations, no such comprehensive regulation exists for such endowments of Christians. Thus, the only scrutiny/oversight over the affairs of these institutions is by way of a suit under section 92 of the Code of Civil Procedure… o make the institutions more accountable there must be a statutory board to regulate the affairs…” The court then impleaded the Union Home Ministry and the Tamil Nadu government into the case.

The NCCI and CBCI, however, have said that church properties are governed by existing laws in the country, including Societies Act, Trusts Act and Companies Act.

Speaking to The Indian Express, NCCI office-bearer Asir Ebenezer said, “Apart from these three laws… properties should be registered again under the Charity Commission… Christian properties are already governed by existing laws… why should there be another body?”

CBCI official Robinson Rodrigues said, “… Christian properties under the Catholic church are all registered properties which have proper records.”

The NCCI’s contention is that the Constitution allows minority communities to set up and govern their own institutions. “Another body… will infringe upon our constitutional rights,” Ebenezer said. Christian properties include not just churches but also educational and healthcare institutions.

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