Indian Government blocks church sales: CEN 11.27.09

First published in The Church of England Newspaper. The Government of India’s Maharashtra state has ordered the halt of all sales of Anglican Church property, pending an investigation into insider dealing and corrupt practices in the administration of church lands in the Diocese of Bombay. Last week Maharashtra charity commissioner NV Deshmukh rejected the application of the Bombay Diocesan Trusts Association (BDTA) to sell two churches to developers. Under Indian law the “property was allotted for the specific purpose of religious worship of the established Church of England and for no other purpose,” Deshmukh stated, noting that if the property is used for any other purpose, trusteeship passes from the church to the Indian government.

The decision follows an interim report released in April by the state’s charity commission that accuses the former Bishop of Bombay, the Rt Rev Baiju Gavit of defrauding the church by illegally transferring title of church property to developers.

While Anglican attention has focused on the 60 US church property lawsuits, the DNA India news service reports that over 5,000 church property lawsuits are making their way through the Indian courts.

Ownership of India’s Anglican churches has seen several imperfect attempts at consolidation. In 1927 Parliament passed the Indian Church Act and Indian Church Measure, which created an autonomous Church of India, Burma and Ceylon (CIBC) out of the Church of England in India. Under the terms of the Act trusteeship of properties held by the viceroy passed to the CIBC.

However title to the majority of India’s Anglican properties were not held by the government, but by local trusts, mission agencies and dioceses, while garrison churches and other church properties on government land remained under state control.

Upon independence in 1948, the government of Prime Minister Jawaharlal Nehru decreed that title to property held in trust for the church by the government would pass to the state. Local church trusts and associations would administer the properties, and if the church became dormant the land would pass back to the government.

Local laws have also hindered the consolidation of property ownership. When the Church of North India was formed in 1970, the BDTA — owner of over 4,000 church properties, declined to turn over title to its properties, citing the Bombay Public Trust Act, which forbad the transfer of ownership of church properties to entities based outside of the state of Maharashtra.

An investigation by the government found there was an ongoing pattern of fraud in the sale of church lands. In a report dated April 18, 2009, VR Patil, the Maharashtra law and judiciary department’s legal adviser, found that a “bogus” corporation entitled the Bombay Diocesan Trust Association (BDTA) Pvt Ltd had been created to “grab the properties of genuine Christian trusts” — the BDTA Ltd and the Society for the Propagation of the Gospel in the Dioceses of Bombay.

“The bogus trustees indulged in many illegal activities to grab the property of BDTA Ltd and SPG by taking advantage of the similarity in name of the bogus trust with the complainant’s trust,” the Patil’s report said. Among the “bogus trustees” was Bishop Gavit and a number of clergy and synod officers, DNA India said.

The April inquiry found 20 past and 18 pending property deals involving the “bogus” trust and recommended a criminal investigation.

Last week’s decision to block the sale of BDTA properties held by the lawful trust, appears unrelated to the alleged scam, however, the charity commission is seeking a full accounting of all church lands. Sandeep Gaikwad, president of the CNI’s Synod All-India Legal Committee told Bombay’s Daily News & Analysis “these salaried bishops and priests were indulging in disgusting, shameful activities” in defrauding the Christian community.

However, “the community will see to it that these people are prosecuted and punished by the government,” he said.