Why is Ayodhya Ram Temple Trust outside the RTI Act as donation theft controversy escalates? Explained

The Ram Mandir controversy over the alleged embezzlement of donations has intensified amid the ongoing probe, with the Shri Ram Janmabhoomi Teerth Kshetra Trust convening a meeting on Monday. The key meeting is expected to be dominated by discussions on the resignations submitted by the Trust's General Secretary, Champat Rai, and trustee Anil Mishra.

The controversy has also brought renewed attention to why religious trusts such as the Shri Ram Janmabhoomi Teerth Kshetra Trust are generally exempt from the ambit of the Right to Information (RTI) Act. CPI(M) Rajya Sabha MP John Brittas on Saturday called on the Centre to review its position, saying that bringing the Trust within its purview would strengthen transparency and public accountability.

The government classifies such trusts as independent, private entities rather than "public authorities" under Section 2(h) of the RTI Act, 2005.

Trust scheme records in 'confidential file'

The Ministry of Home Affairs (MHA) had placed a government-approved scheme and a related order concerning the establishment of the Shri Ram Janmabhoomi Teerth Kshetra Trust in a “confidential file”. In its 2024 order, the Central Information Commission (CIC) backed the ministry's refusal to disclose the documents under the RTI Act, agreeing that making them public could pose a risk to the individuals concerned, according to PTI.

The case stemmed from an RTI application filed by Neeraj Sharma, who sought "certified copies of the scheme" approved by the Centre through Order No. 71011/02/2019-AY dated 5 February 2020, as referred to in Notification No. CG-DL-E-05022020-215935 relating to the "Shri Ram Janmabhoomi Teerth Kshetra", along with the associated government orders.

After failing to receive a satisfactory response from the MHA, Sharma approached the CIC.

During a hearing held on 18 June 2024, the ministry stated that "due to the sensitivity of the scheme and all the matters related thereto, the entire compilation of documents etc. of setting up of 'Shri Ram Janmabhoomi Teerth Kshetra' have been kept in a confidential file".

‘Independent trust’

The CIC, in another order issued last year in June, examined whether the Shri Ram Janmabhoomi Teerth Kshetra Trust qualifies as a "public authority" under Section 2(h) of the RTI Act.

During the proceedings, the Ministry of Home Affairs (MHA) argued that the Trust is "an independent trust", "neither owned, controlled nor financed by the government". It also maintained that neither the Centre nor the Uttar Pradesh government had provided any financial assistance to the Trust and that the "constitution of the Trust was the only role played by the government", undertaken in compliance with the Supreme Court's directions.

Representing the Trust, its counsel similarly contended that it was "neither established nor constituted by a notification of the government", receives no direct or indirect government funding and is, therefore, "not a public authority under section 2(h) of the RTI Act, 2005".

CIC ruling

In its ruling, the commission observed that the Trust "was created as per the directions" of the Supreme Court through the execution of "a trust deed".

The CIC further held that the Trust "was neither established nor constituted by any notification of the government" and that its formation was "an action in compliance with the direction of the apex court, not initiated suo motu by the central government".

The CIC noted that "in the absence of any substantial evidence to establish beyond doubt that the Trust is a body owned, controlled or substantially financed or that a non-government organisation is substantially financed directly or indirectly by the funds provided by the appropriate government, the status of public authority cannot be given to the Trust".

It stated the Trust is "an independent organisation" that receives no financial support or administrative control from either the central or the state government and, therefore, "will not come under the purview of the RTI Act".

What did CPI(M) MP say in his letter to HM Amit Shah?

Meanwhile, in the letter addressed to Union Home Minister Amit Shah on 4 July, Brittas mentioned that the Trust occupies a unique position because of the circumstances surrounding its formation.

"I respectfully request that the Ministry kindly undertake a reconsideration of its stand regarding the applicability of the Right to Information Act to the Shri Ram Janmbhoomi Teerth Kshetra Trust, keeping in view the statutory scheme of the Act and the larger constitutional imperative of transparency and public accountability," Brittas wrote in his letter to the Home Minister.

Referring to the Supreme Court's Ayodhya verdict of November 2019, he said the Centre had framed the scheme for the Trust, established it through a gazette notification and transferred the acquired land to it. He also noted that 12 of the Trust's 15 members were initially nominated by the government.

Referring to the Shri Mata Vaishno Devi Shrine Board as an example, Brittas said its functioning illustrates that religious institutions can maintain both autonomy and accountability. He said that bringing the Ayodhya Trust's finances and contractual matters under RTI-like transparency “will neither dilute its religious autonomy nor impinge upon the freedom of religion".

He further stressed the importance of transparency in institutions that command widespread public trust, stating, “Trusts that enjoy unparalleled public faith must also uphold the highest standards of public transparency and accountability.” Brittas also urged the Ministry of Home Affairs to submit its revised position before the high court.