Understanding the misunderstood: mapping the scope of a deity's rights in India

Shrivastava, Anujay and Tiwari, Yashowardhan (2021) Understanding the misunderstood: mapping the scope of a deity's rights in India. International Journal of Law and Policy Review, 10 (1). pp. 1-45. ISSN 22783156

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One of the most fascinating legal developments in India has been the law surrounding ‘deities’. Unfortunately, the nature and scope of a deity’s rights is often misunderstood. In attempting to clarify the scope of a deity’s rights, this article traces the deity as a ‘juristic person’. Whilst analysing whether a deity has ‘fundamental’ and ‘constitutional’ rights in India, the separate opinions in the Sabarimala judgment are critiqued. Moving forward, an attempt is made to provide an original approach for courts to “balance” competing interests in a case involving a deity’s fundamental rights. Further, the landmark Ram Janmabhoomi judgment is analysed to fill in the gaps regarding recognition of a legal personality, deity’s significance in the modern legal system and status of a land with religious significance. Finally, an overview of the ongoing Krishna Janmabhoomi dispute at Mathura is provided in light of the deity’s jurisprudence.

Item Type: Article
Keywords: Fundamental rights in India | Constitutional rights in India | Hindu deity | Sabarimala | Ram Janmabhoomi | Krishna Janmabhoomi
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 13 Feb 2022 11:20
Last Modified: 13 Feb 2022 11:20
Official URL: https://drive.google.com/file/d/1mgZ8gw_XOkOWGhafj...
URI: https://pure.jgu.edu.in/id/eprint/1240


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