- Research/Scholar Paper name – “Critically Understanding And Analyzing The Status Quo Of Religious Endowments Under Hindu Law”
- Author: Atharva Nikam
- Co-Author : Yashi Singh
- Institution: Maharashtra National Law University, Mumbai
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 30/10/2021
Down the years, the interpretation of the concept of ‘religious endowments’ has had a sea change. Embarking upon from the donations made by the kings and queens to the temples to being a regularly followed process in the Indian society, the scope of ‘religious endowments’ has broadened widely. In this paper, the authors would take the reader through a journey, where the concept of religious endowments would be narratively explained in detail. The former part of the paper would revolve around: The essentials for a making a valid religious endowment, the specific differences between religious endowments and charitable endowments and the role of ‘Maths’ in religious endowments.
Whereas in the latter part of the paper, an analysis is made on the constitutional validity of religious endowments. Analysing the concept of religious endowments through the lens of Article 14 and Article 26 of the Indian Constitution, the importance of ‘Shirur’ case and how the apex court held Hindu Religious and Charitable Endowments Act, 1951 as unconstitutional would be the topics discussed in the latter part of the project. Further, the author’s opinion in what future actions could be taken in order to alter the status quo are also stated in the concluding part of the paper.