Thiruvananthapuram: The Kerala High Court on Monday suggested that the state government should consider drafting a law specifically aimed at protecting temple properties, including penal provisions for those who violate their duties. The observations came while hearing bail petitions filed by former Travancore Devaswom Board (TDB) president A Padmakumar, ex-official Murari Babu, and Bellary jeweller R Govardhan in connection with the ongoing Sabarimala gold theft case.

Context of the Case

The case revolves around the misappropriation of gold from sacred areas within the Sabarimala temple, one of Kerala’s most prominent pilgrimage sites. Investigators from the Special Investigation Team (SIT) of Kerala Policehave been probing alleged thefts from the ‘dwarapalaka’ (guardian) idols and the ‘sreekovil’ (sanctum sanctorum) door frames, where gold is traditionally stored. So far, the SIT has arrested at least 12 individuals linked to the scandal.

During the hearing, the court considered the argument presented by Padmakumar’s counsel, who noted that the only allegation against his client pertained to a violation of the Devaswom Manual—an internal guideline followed by temple authorities—which does not carry penal consequences under current law. The legal representation argued that such violations are disciplinary matters, not criminal offences.

High Court’s Observations

Justice A Badharudeen, presiding over the matter, emphasized the need for enforceable legislation beyond the Devaswom Manual. He suggested that the state could enact Devaswom Management Rules or a dedicated statute to safeguard temple properties, incorporating penal provisions for those who fail in their duties.

The judge remarked, “Why can’t you go for a Rules? Devaswom Management Rules? So that some penal provision can be incorporated too. There are various instances of misappropriation being reported in temples. You may think of legislation. Manual by itself is not (sufficient). Disobedience may go for some disciplinary action. Binding on them and failure thereof is only disciplinary action. Not offence.”

The court directed the Additional Director General of Prosecution (ADGP) to make recommendations to the State government regarding the framing of such a law. The ADGP informed the bench that the Devaswom Manual is binding on TDB officers, but compliance failures currently result only in disciplinary action, not criminal liability.

Significance of the Directive

The HC’s observations highlight a critical gap in legal protections for Kerala’s temples, many of which manage valuable assets such as gold, cash donations, and other offerings. While the Devaswom Manual provides internal guidelines, it lacks statutory enforcement, leaving room for misappropriation or negligence without the threat of criminal penalties.

A statutory framework could:

• Clearly define duties and responsibilities of temple management and officers.
• Introduce penal consequences for theft, mismanagement, or willful neglect.
• Strengthen accountability mechanisms for temple administrators.
• Reduce dependence on internal disciplinary actions, which may not sufficiently deter misappropriation.

Broader Context

Temples in Kerala are managed under the oversight of Devaswom Boards, which are statutory bodies responsible for administration, finance, and rituals. The Sabarimala temple, in particular, is one of the wealthiest and most visited pilgrimage sites in the country, making the protection of its assets a matter of public interest.

The ongoing Sabarimala gold theft case has drawn attention to the vulnerability of temple properties and the limitations of internal regulations. The HC’s suggestion reflects a broader concern about governance and accountability in managing religious institutions with substantial wealth.

Next Steps

The ADGP will submit recommendations to the Kerala government, which may then consider:

• Drafting new legislation or amending existing Devaswom laws.
• Introducing Devaswom Management Rules with enforceable penalties.
• Establishing mechanisms for regular audits, monitoring, and oversight of temple assets.

This directive from the High Court could lead to a landmark reform in temple governance in Kerala, providing stronger legal backing for the protection of religious and cultural assets.

Conclusion

The Kerala High Court’s remarks underline the need for statutory protection of temple properties to prevent theft, mismanagement, and other irregularities. With the Sabarimala gold theft case under active investigation, the court has urged the state to move beyond manuals and internal disciplinary procedures and enact legislation with penal provisions, thereby strengthening accountability and safeguarding public faith in temple administration.

This case serves as a reminder that religious institutions managing valuable resources require both administrative and legal safeguards to protect assets, ensure transparency, and maintain public trust.