GRABBING LAND A NON-BAILABLE OFFENCE: TAMIL NADU

GRABBING LAND A NON-BAILABLE OFFENCE: TAMIL NADU

Context:

The Tamil Nadu Assembly passed the Bill on September 13, 2021, which made the encroachment of properties of religious institutions a cognisable and non-bailable offence.

About the Bill:

• It is a bill seeking to amend the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
• The Bill was unanimously passed to empower anyone, interested in the affairs of religious institutions, to lodge a complaint against robbers and burglary of temple land.
• The Bill will amend section 79-B of the 1959 Act.
• The government of Tamil Nadu recently launched a massive campaign to seize temple land, which has intervened in the states.

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959:

• In terms of subsection (3) of Section 79-B of the Act, no court can take cognisance of the offence of unlawful possession for any property that belongs to a charitable or religious institution or endowment except when the complaint is filed in writing from the Commissioner.

Background:

• The bill was passed due to an increase in cases of encroachment on religious property. This case is inherently critical. Therefore, the government thought that such a criminal complaint could be filed by anyone with an interest in religious affairs.