CHENNAI: Occupants of land belonging to Hindu Religious and Charitable Endowments (HR&CE) department cannot engage in commercial activities that could be construed as against Hindu “sentiments”. In a move to protect the religious sentiments of Hindus, the state has decided not to lease out lands of the HR&CE department for business purposes that are contrary to these sentiments.

A notification dated March 28 by tourism, culture and religious endowments department secretary Apurva Varma said that the expression ‘Contrary to the Hindu Religious Sentiments ’ has been substituted to the rules of amendment to the religious institution (lease of immovable property) rules, 1963.

In 2006, the government brought about amendments to the prescribed conditions for leasedoutland, which statesthat shops and buildings shall not be leased out to liquor, mutton shops or shops indulging in any other objectionable trade. In the Eleventh report of the Committee on Delegated Legislation (ThirteenthAssembly), thecommittee suggested including the expression “contrary to the Hindu Religious Sentiments” after “objectionable trade or business”. Following which, thestate has decided to amend the existing rule, the notification said.

Official sources with the HR&CE said the amendment does not define what falls under the category of ‘sentiments ’. “This amendment has wider connotation,” an official said.

Former Madras high court judge K Chandru said the department can throw any occupant out of their land in the name of sentiments and bring in those favorable to the ruling party . Article 25 and 26 speak only about religious faith, customs and practise integral to the religion and notsentiments, hesaid.

Noting that the properties of religious institutions cannot be used for running certain activities, which go against the sanctity of the temple, Chandru added , “But you can’t ban everything under the garb of sentiments.” This will not stand in the test of law, he said.

