JAGANNATH TEMPLE PURI MANAGEMENT COMMITTEE Vs. CHINTAMANIKHUNTIA:CHINTAMANIKHUNTIA

JUDGEMENT

(1.) The point that falls for consideration in this case is whether the right of the temple attendants to get a portion of the offerings made to the deity in a temple is a religious right or the manner of collecting and getting a share of the offerings is a religious rite of the temple. The answer must be in the negative in both the cases. Collection and distribution of monies start after the devotees had done their worship and made their offerings to the deity. Offerings of fruit, flower and money are made to the deity by the devotees. This is done as a token of devotion of the pilgrims. But after the worship by the devotees is over, sweeping, collecting and distribution of a portion of offerings to the temple staff are not parts of any religious exercise. The manner of collection and distribution of a portion of the offerings among the temple staff may have a history of long usage but such usage cannot be part of religious practice or a religious right.

(2.) This case has been brought by a group of temple attendants called "Sevaks" contending that they are entitled to a share out of the collections of the offerings made by the devotees inside the Jagannath temple at Puri. They are traditionally entitled to the offerings made by the devotees (Vata and Pindika). This traditional method of collection of Veta Pindika and also of getting a portion of the same cannot be interfered with because that will amount to voilation of guarantee of religious freedom under Arts. 25 and 26 of the Constitution of India.

(3.) Collection and distribution of money even though given as offerings to the deity cannot be a religious practice. The offerings whether of money, fruits, flowers or any other thing are given to the deity. It has been said in the Gita that "whoever offers leaf, flower, fruit or water to me with devotion I accept that". The religious practice ends with these offerings. Collection and distribution of these offerings or retention of a portion of the offerings for maintenance and upkeep of the temple are secular activities. These activities belong to the domain of management and administration of the temple. We have to examine this case bearing this basic principle in mind. The offerings made inside the Temple are known as Veta and Pindika. Veta means the offerings that are given to Lord Jagannath at specified places in the Temple. Pindika means offerings that are given on the pedestal of the deities. The case made out on behalf of the respondents is that their duties and rights are all contained in the Record of Rights of the Temple and among their rights is the right to get one half of the garland offered to the deity. They take all offerings like fruits, betel, betalnuts, coconuts, sweets, mirrors and other things. They stand near the Inner three Bada holding jugs (Gadu). Whatever Veta and Pindika is thrown they collect them and keep in the Gadu. There is an activity called "Pochha" which means that whatever Veta Pindika is thrown at the throne, the Mekaps collect them by stretching their hands to the extent they reach and put the amounts so collected in the Gadu. According to the Sanad (grant), they have to clean the throne keeping their feet at the edge of the throne but now for many days, they are cleaning it standing at the bottom of the throne. Whatever offerings fall down from the throne, they collect from the floor and put in the Gadu. Similarly, if anything falls from the walls, they collect and place it in the Gadu. All these collections made at or near the throne of the deity and various other places in the Temple are ultimately counted. Small coins are taken by them. They get one anna share in a rupee of the entire collection and the remaining Pindika income is deposited in the Temple office.