INDIA Too many cases in Christian institutions, the Madras High Court asks for an ad hoc body

The judges are calling for a specific body modeled on the Muslim Waqf to control clashes within the councils that manage schools, hospitals and church funds, which increasingly end up in court and are a waste of resources. Jesuit priest Santhanam told : “They are not comparable realities, but the problem exists. We must examine our conscience to protect the future of these assets.”

Chennai () – The Madras High Court has requested the opinion of the federal government of India and the local government of Tamil Nadu on the possibility of creating a statutory committee for Christian institutions in which their assets, funds and welfare institutions, such as hospitals and schools, according to the model of what happens in Muslim realities with the Waqf Board.

“While charitable endowments by Hindus and Muslims are subject to legal regulations,” explained Justice N. Sathish Kumar in an article published in the Times of India“there is no complete regulation for the property of Christians. Therefore, the only control over the affairs of these institutions is through a lawsuit under article 92 of the Code of Civil Procedure.”

The lack of ad hoc regulation is perceived as a problem due to the increase in internal disputes, mainly related to the management of educational institutions, which increasingly reach the ordinary Indian courts with legal battles that end up being wasteful. of resources. “To alleviate this problem – says Judge Kumar – it is common practice to appoint administrators in each case as a temporary measure. But it would be necessary, instead, to make the ecclesiastical administrations more responsible and find a permanent solution, because these institutions carry out and comply various public functions, such as the management of educational institutions and hospitals, and their assets and funds require protection and must be safeguarded.”

Jesuit priest A. Santhanam, a lawyer practicing in the Madurai branch of the Madras High Court, told that recognizes the existence of the problem. “Numerous cases regarding the administration of Christian-run educational institutions are brought before the High Court,” he explains. Most of the time, the basis of these disputes are internal disputes.”

“I think the concern that has been raised is timely,” continues Father Santhanam. The time has come to do some soul searching. Although the properties of the Waqf cannot be compared with the properties of the Churches, the Court was forced to find a remedy and adopted the models that were available for the resolution of disputes within religious realities. When it comes to funds and property, church entities must remember that they are only ‘custodians’ of them and must preserve them for future generations.”