Write short but critical note in Idol as a juristic person.
Find the question and answer of Hindu Law only on Legal Bites.
Question: Write short but critical note in Idol as a juristic person. [BJS 1984]Find the question and answer of Hindu Law only on Legal Bites. [Write short but critical note in Idol as a juristic person.]AnswerA juristic person, also known as a legal person, is an entity that has legal rights and obligations, just like a real person. The concept of a juristic person is closely related to the notion of corporate personality, which is the idea that a corporation has the same legal standing as...
Question: Write short but critical note in Idol as a juristic person. [BJS 1984]
Find the question and answer of Hindu Law only on Legal Bites. [Write short but critical note in Idol as a juristic person.]
Answer
A juristic person, also known as a legal person, is an entity that has legal rights and obligations, just like a real person. The concept of a juristic person is closely related to the notion of corporate personality, which is the idea that a corporation has the same legal standing as a real person. The Indian legal system recognizes the juristic person concept and gives it legal protection in the form of rights and duties.
In India, idols are treated as juristic persons and recognized as legal entities. This means they are able to conduct business, own property, sue and be sued, enter into contracts, and have legal representation. This is based on the concept of “deity by representation” which states that an idol is the representative of a god or goddess, and therefore has the power to act on their behalf.
The inception of the legal personality of Hindu idols in India can be traced back to the landmark case of Promatha Nath Mullick v Pradyumna Kumar Mullick, [(1925) 27 BOMLR 1064]. In this case, Lord Shaw stated that a Hindu idol is a juristic entity and possesses juridical status, which means that the idol can sue and be sued. The idol has interests of its own and these interests are attended to by the guardian, who is the person in charge of the deity.
Lord shaw further stated that the idol also possesses “will” which can be interpreted by the person who occupies the position of shebait either by inheritance or by appointment and if a conflict arises, the court would appoint a disinterested person to decide what the idol shall deem to want to be given the other interests involved. He further ascertained that the law will not only take the interests of the shebait into account but also give equal importance to the interests of the worshippers.
In the recent legal position, the landmark case of Indian Young Lawyers Association v State of Kerala, (2019) 11 SCC 1popularly known as the Sabrimala case, Justice DY Chandrachud clarified that although deities have the capacity to possess rights due to their juridical status, they cannot, however, be bearers of fundamental rights.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
