Idol in Temple Must be Treated as a Living Person | 10 Aug 2024
Recently, the Madras High Court observed that an idol is treated as a juristic personality in law during a case involving the closure of a temple for 10 years without customary pujas due to a dispute between the communities over the issue of Untouchability.
- The court emphasised the responsibility of the administration to prevent the illegal closure of temples and ensure adherence to worship rights.
- The Court recognized the idol in a temple can hold property and engage in legal actions. A temple must remain open for worship and customary rituals.
- Considering the Idol's Juristic personality, the court exercised parens patriae jurisdiction to protect the rights of idols, ensuring daily dharmic rituals continued.
- The Doctrine of Parens Patriae, which means "parent of the nation," is a legal principle that grants the state (judiciary) the inherent power and authority to act as the guardian for those who are unable to care for themselves.
- A juristic person, as defined in Shiromani Gurdwara Parbandhak Committee vs Som Nath Dass, 2000, is a legally recognized entity with a legal personality, encompassing gods, corporations, rivers, and animals.