Building Temples with Public Funds Unconstitutional: PIL Filed in High Court
Secularism is one of the foundational pillars of the Indian Constitution. In the Indian context, this principle does not denote anti-religion or irreligion; rather, it directs the State to maintain a principled distance and neutrality toward all religious faiths.
According to Articles 14, 15, 25, 27, and 28 of the Constitution, the State cannot show favoritism to any specific religion, promote or sponsor a particular faith, or compel the expenditure of public funds for religious activities. However, a series of recent administrative actions by the Government of West Bengal has raised profound questions regarding the preservation of this constitutional principle of non-alignment.
Over the past few years, multiple instances have emerged in the state where public land and state funds were utilized to construct specific religious infrastructure.
The state government granted 700 acres of tax-free land entirely free of cost to the international organization ISKCON, alongside the unauthorized renaming of the adjacent traditional (Muslim majority) village ‘Miyapur’ to ‘Mayapur.’
Similarly, using approximately ₹200 to ₹250 crore from the state exchequer, a Jagannath Temple was constructed on government land in Digha, accompanied by state-assisted publicity and religious processions.
Furthermore, using government machinery and resources, ‘Mahaprasad of Lord Jagannath’ and cards bearing the deity’s image were distributed through the Public Distribution System (ration shops) to over ten million households.
In addition, projects like ‘Durgangan’ at an estimated cost of ₹262 crore in Newtown, Kolkata, and a ‘Mahakal Temple’ worth hundreds of crores in Matigara, Siliguri, have been undertaken.
Notably, these lands in Newtown and Matigara were originally acquired and reserved for industrialization, economic development, and job creation—not for religious use.
Conversely, this policy of state support is not extended equally to other religious communities. For instance, regarding the long-standing demand for a mosque for visiting Muslim travelers in Digha—where the community offered to construct it using their own funds on a long-term lease—the state government has failed to allocate any land.
On the other hand, government funding for the Durga Puja festival has scaled up continuously. What began in 2018 as a ₹10,000 grant per puja committee, along with a 25 percent discount on electricity bills, has escalated by 2025 to ₹1,10,000 per committee and an 80 percent subsidy on electricity bills. In 2024 alone, over 43,000 Durga Puja committees received this financial assistance, totaling hundreds of crores of rupees. Yet, no equivalent financial grants are seen for the celebration of festivals belonging to other religious communities.
From both a legal and socio-economic perspective, converting land reserved for industrial growth and employment into religious infrastructure, while granting preferential administrative support to one faith, violates Articles 14, 15, and 21 of the Constitution. The State acts merely as a trustee of taxpayer money.
Expending public funds on a specific religion breaches public trust and infringes upon freedom of conscience, as it indirectly compels citizens of differing faiths or no faith to financially support religious practices they do not subscribe to.
The government frequently frames these initiatives as the ‘promotion of Bengali culture.’ However, anthropological and historical facts demonstrate that Bengali culture cannot be confined to any single religious identity.
Bengalis are a diverse, composite, and syncretic nation. This inclusive identity originated in 1352 CE when Sultan Haji Shamsuddin Iliyas Shah first assumed the title ‘Shah-e-Bangali’ and ‘Shah-e-Bangla,’ addressing all inhabitants regardless of caste, creed, or religion as ‘Bengalis.’ Subsequently, during the reign of Sultan Rukunuddin Barbak Shah of Gauda, the Bengali language and literature flourished—exemplified by his commission to Krittibas to compose the Bengali Ramayana and bestowing royal honors, gold ornaments, and jewels upon Brihaspati Mishra for his literary works.
Even today, nearly half the surnames used in West Bengal—such as Ray, Mazumdar, Haldar, Shikdar, Samaddar, Poddar, Kanungo, and Mallick—stand as living testaments to the joint heritage derived from the medieval Sultanate administration. Therefore, under the guise of promoting universal culture, using state funds and administrative power to impose the practices and worship of a single religion upon the entire population risks worsening social division and damaging long-standing communal harmony.
The Supreme Court of India has explicitly observed across multiple judgments that any state action identifying the State with a particular religion or showing preference or patronage is constitutionally impermissible.
Voices from civil society have already raised objections against these unconstitutional actions, and a Public Interest Litigation (PIL) has been filed in the Calcutta High Court. Restoring the rule of law and constitutional neutrality remains the imperative of the hour in a democratic state.
বাংলা এবং বাঙালির জন্য লড়াইকে এগিয়ে নিয়ে যেতে আমাদের সাহায্য করুন।
আমরা কোনো কোটিপতি বা বড় কোনো কোম্পানি নই – আমাদের পাঠকরাই আমাদের সমর্থন করেন। আমাদের এই গুরুত্বপূর্ণ এবং সাহসী প্রচেষ্টার জন্য অনুদান দিয়ে আমাদের পাশে থাকুন।
We are not billionaires or big companies – our readers support us. Support us by donating to this important and courageous effort.