Maharashtra Devasthan Inam Abolition Draft Act 2026: A Law That Strikes at Religious Autonomy

The history of religious and charitable institutions in India is extremely ancient. Temples, commonly known as Devasthans, have played a vital role in providing moral and cultural direction to society. In Maharashtra, various temples have been running their daily operations, festivals, and public welfare activities through Inam lands granted by rulers of the time.

However, the Maharashtra Government has recently published the “Maharashtra Devasthan Inam Abolition Draft Act, 2026” for public suggestions and objections. While on the surface this law appears to be about revenue reforms or granting land rights, its provisions directly threaten the autonomy of Hindu religious institutions and seek to erase their historical legacy.

Section 1 of the Act (Original Draft)

To understand the nature of this law, it is essential to examine Section 1 as it is:

1. Short title, extent and commencement. –

(1) This Act may be called the Maharashtra Devasthan Inams Abolition Act, 2026

(2) This Act extends to whole state of Maharashtra, except for lands covered under the Hyderabad Abolition Of Inams and Cash Grants Act, 1954 And, the Hyderabad Atiyat Inquiries Act, 1952 and The Waqf Act, 1995

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Interpretation of Section 1

A careful reading of Section 1 makes it clear that the law is proposed to apply across the entire state of Maharashtra. However, the most significant aspect is that lands governed by certain specific Acts have been completely exempted. Lands under the Hyderabad Inam Acts and the Waqf Act, 1995 are kept out of the purview of this proposed law. This essentially means that religious lands belonging to one particular community are being given protection, while the law is primarily targeted at Hindu Devasthan Inam lands.

Violation of the Principle of Equality under the Constitution

This discriminatory provision places the law in direct conflict with the constitutional principle of equality. Article 14 of the Indian Constitution guarantees equality before the law and equal protection of laws to every citizen and institution. When the state enacts a law, it should not target any particular religion or create discrimination. Exempting Waqf Board lands from this Act while abolishing Inam lands of Devasthans is a clear case of imbalance and discrimination.

In the landmark Shirur Mutt case (1954), the Supreme Court had clearly held that the management of religious institutions and their property rights form an integral part of religious freedom under Articles 25 and 26 of the Constitution. The state government cannot, under the pretext of revenue reform, snatch away the sources of income of religious institutions.[1] Similarly, in the famous Ratilal Panachand Gandhi vs. State of Bombay case, the Court had ruled that religious property must be used only for the purpose for which it was granted.[2] The proposed Act, particularly under Section 9, contains provisions to directly vest many public spaces, roads, and mineral rights within Devasthan premises with the government. This violates Supreme Court judgments and curtails the principles of equality and religious freedom.

Comparison with Gujarat Devasthan Inam Abolition Act, 1969

If we compare this law with the Gujarat Devasthan Inam Abolition Act, 1969, it becomes evident how harsh and unjust the Maharashtra draft is. In the Gujarat Act, while abolishing Inams, clear and liberal provisions were made for adequate compensation and alternative arrangements so that religious rituals would not be disrupted. It made an effort to strike a balance while respecting local culture and the rights of priests and traditional managers. In sharp contrast, the Maharashtra 2026 draft Act contains provisions to directly convert these lands into “Occupancy Class-1” and to hand over lands beyond the ceiling limit to the government through the District Collector. This will extinguish the rights of Devasthans and put the very existence of temples in danger.

Demand for Temple Autonomy Law

Therefore, this discriminatory and autonomy-striking “Maharashtra Devasthan Inam Abolition Draft Act, 2026” should be immediately withdrawn by the government. This is the demand of devotees and legal experts across the state. Instead of this law, the government should bring a “Temple Autonomy Law”. Under this new law, an independent “Devasthan Board” should be constituted in every district, comprising religious, social, and legal experts, without political interference. Additionally, a special “Devasthan Tribunal” should be established for the speedy resolution of disputes related to Devasthan lands, instead of sending them to civil courts. Only such a law can truly protect temple properties and preserve the autonomy of temples.

[1] The Commissioner vs Sri Lakshmindra Thirtha Swamiar Of Sri Shirur Math [1954 AIR 282, 1954 SCR 1005]

[2] Ratilal Panachand Gandhi vs The State Of Bombay And Others [1954 AIR 388]

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