By Sumit Saxena
New Delhi, Oct 14 (SocialNews.XYZ) Can a birthplace land be treated as a juristic entity, which is subject to law? This question gains significance in the last leg of the Ayodhya title dispute in the Supreme Court.
The Hindu faith believes that Lord Ram was born in the inner courtyard below the central dome of the Babri Masjid which was demolished on December 6, 1992, whereas Muslim parties to the dispute say Ayodhya is the birthplace of Lord Ram, but not the inner courtyard.
Senior advocate K. Parasaran, representing Ram Lalla Virajman, has argued before the apex court that the concept of land being recognized as a juristic person has to be seen from the point of view of Hindu law, and it is unnecessary to turn to Roman law or English law.
The 93-year-old lawyer argued that while deity himself is not a person in law, but whatever form it is believed to have manifested itself becomes a person in law.
In the case of a temple where no idol is consecrated, it does not cease to be a religious institution. The worshippers who treat such an institution with reverence and offer worship there cannot be treated differently from those who worship at a temple with an idol/image.
Parasaran told the court that India is a pluralistic society and as such, no precise definition of universal application regarding, what is religion and what matters of religious belief are or religious practice can be made.
The idol or image is consecrated and installed in the temple to represents the physical manifestation of the deity sought to be worshipped.
"Such an idol or image comes to be recognized as the juristic entity, capable of holding property endowed/dedicated to the deity. However, the object of worship is not the idol itself, but God/deity/divinity which is believed to manifest in such idol," Parasaran told the apex court.
He also cited the list of temples in India with no idols brought on record by Muslim side.
He insisted that Hindu law has grown and evolved by way of judicial interpretation from instance to instance, and the places of public worship in the Hindu religion are diverse, and worship may perform at these places with or without images/idols.
The Muslim side has contested treating land under the central dome as juristic entity.
"It is not possible to put the concept of a Hindu temple or a Hindu idol in a strait-jacket. The commonality however is that the purpose remains the same i.e. to offer worship to a deity / divinity. What differs is the mode and manner of worship, depending on the form of the deity/divinity," Parasaran had contended before the court.
Hindus do not worship the material body of the idol, made of clay or gold or any other substance, rather they worship the eternal spirit of the deity or certain attributes thereof in a suggestive form which is used for the convenience as a mere symbol or emblem, he said.
"It is the incantation of the mantras, peculiar to a particular deity, which causes the manifestation or presence of the deity. God is formless and shapeless, " he told the apex court.
He also told the court about the Indian law perspective, on treating an idol as a juristic person is rooted in the faith of the people that the divinity has manifested itself in such an idol and is thus capable of holding movable and immovable property dedicated to it, so as to create accountability to the worshippers and prevent swindling of donations.
He emphasized on protecting the right of the worshippers, and the deeming fiction to identify the deity as juristic person is to ensure it, and also the jurisdiction and rights of the deity, are protected.
"In the absence of a juristic person, where worship is offered to a formless deity, neither the deity's nor the worshipper's rights can be effectively protected," he reiterated, stating that when a person visits a temple to offer worship, it is not merely the garbha-griha (sanctum sanctorum) which comprises the temple. The area surrounding the garbha-griha is also part of the temple. Therefore, Ram Lalla has claimed the possession of the entire dispute site.
(Sumit Saxena can be contacted at sumit.s@ians.in)
Source: IANS
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