Financial aid to sevayats not permissible under Constitution: Odisha govt tells HC

CUTTACK: THE Orissa High Court on Monday issued fresh notices to the Commissioner Endowments on petitions seeking financial assistance from the State Government to sevayats of Maa Mangala temple at Kakatpur and Baldevjew temple at Kendrapara.The Court also issued fresh notices seeking response from the trust boards of the two temples. 

The petitioners Prakash Kumar Panda and 14 others of Maa Mangala temple and Suresh Chandra Partri and three others of Baldevjew temple sought direction for providing financial assistance of`Rs 15,000 per month to the sevayats of the two important temples of the State as their livelihood has been adversely affected Covid-19 health pandemic since mid-March. All temples were closed for devotees ever since the outbreak of coronavirus. 

When the petitions came up for analogous hearing, the State Government filed counter affidavits in response to notices issued earlier. But there was no response from the Commissioner of Endowments and the Trust Board of the two temples.

Taking note of the counter affidavits of the State Government, the division bench of Chief Justice Mohammad Rafiq and Justice B.R.Sarangi posted the matter to October 5 for hearing along with the replies from the Commissioner of Endowments and the Trust Board of the two temples.

In the counter affidavits, Under Secretary of Law Department Dasmat Marndi said, “The State cannot legally provide any financial assistance to the sevayats, as any such decision would be in gross violation of principles of secularism enshrined in the Constitution of India”.

In the affidavit Marndi said the petitioner does not have any legal right to claim financial assistance from the State Government. “The petitioners are claiming financial assistance by virtue of being servitors of a particular religion, which is completely impermissible under the Constitution of India, governed by the principles of secularism. Therefore, if the State Government were to advance financial assistance to the sevayats, it would be in violation of Article 27 of the Constitution”, he said.

He further clarified that the State Government has never provided any financial assistance to the sevayats of the Shri Jagannath temple at Puri. “On the contrary, the temple administration has provided financial aid of `5,000 to the head of each sevayat family who are covered under the insurance schemes for the months of May, June, July and August 2020 in three phases”, Marndi said.

The two petitions have also sought quashing of the State Government’s notification imposing restrictions on opening of religious places and places of worship for the public.