INTRODUCTION
Have you ever wondered what makes us humans eligible to possess rights
and duties? Are all living and non-living entities allowed to enjoy these
rights and freedoms? These introspective questions arose centuries ago
when the discipline of jurisprudence just began to emerge. The difference
lies in the ability of an entity to be categorized as a legal person or not.
According to Salmond, “any being whom the law regards as capable of
rights and duties” is a legal person. It is important to understand that the
concept of a legal person is not restricted to human beings. Animals, the
environment, and even Corporations are considered to be legal persons as
they have rights and obligations. In fact, there was a time when slaves
possessed no rights and hence did not fall within the ambit of a legal
person despite being humans.
LEGAL STATUS OF IDOLS IN INDIA
An idol is “a representation or symbol of an object of worship”, in Indian
society, idols hold a place of religious, social, and cultural significance. The
idols that we worship every day possess rights and certain obligations and
are considered to be juristic persons, which are non-human legal entities
who possess rights and duties and are recognized by the law. Idols in India
are considered to be minors and the priest or the shebait is considered to
be the idol’s guardian and performs the duties and also enforces the rights
of the idol. 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. 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
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 1989, Deoki Nandan
Agarwal, a former judge of the Allahabad High Court filed a suit claiming
that Bhagwan Raj Virajman was the lead plaintiff in the Ayodhya dispute.
He claimed and christened himself to be Ram Virajman’s friend who would
appear before court on behalf of the deity.
PROPERTY RIGHTS OF THE IDOL
Hindu Idols in India can also possess property which can be taxed under
the Income Tax Act, this principle was established by the case of Yogendra
Nath Naskar v Commissioner of Income Tax, In this case, the Supreme
Court held that Hindu Idols are juristic entities and are capable of holding
property. A Hindu deity falls within the ambit of the meaning of the word
individual under the Income Tax Act and hence, the property held by the
deity can be taxed. It was also stated that neither god nor any supernatural
being can possess a legal personality but the deity is a representation and
a symbol and if the deity is allowed to hold property, it must be taxed as
well. Another case decided in this regard was the case of Devkinandan V
Muralidhar in which the Supreme Court held that the property of a Hindu
temple or an idol vests in the deity and the shebait only has the right to
possession and management of the estate.
RIGHTS AND INTERESTS OF AN IDOL
The primary interest of the idol is that of pious worship and this interest
cannot be deprived under any circumstance. The position of rights and
duties in regard to the preservation, maintenance and the rites and services
to be performed are in charge of a human being. The duties of piety from
time to time of the consecration of the idol are duties which are imposed on
the humans. However, the destruction, degradation and injury to the deity
are not considered to be in the power of the custodian of the idol. When the
interests and rights of the idol are considered, the most important figure is
the Shebait, the Shebait or the priest appointed by the shebait is the sole
medium through which the rights and interests of the idol are carried out. In
the landmark case of Indian Young Lawyers Association v State of Kerala,
popularly 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.
CONCLUSION
Legal personality and the concept of juridical persons is a fiction of law. The
only natural persons capable of possessing rights and duties are Human
beings. Law confers this artificial personality to non-human entities and
treats them as legal persons only to bestow the characteristics and the
capacity of rights and duties to these entities. This legal status has also
been conferred to rivers where the court of law has ruled that a river is a
living entity and it must be preserved and protected as it possesses rights
and duties. Earlier, it was difficult to imagine non-human entities
possessing legal recognition and a capacity to hold rights and duties but
the development of this concept has extended its scope to most non-
human beings. The advent of technology has greatly contributed to the
growth of Artificial Intelligence and Robots are slowly starting to develop
consciousness, we might be looking at a future where robots and other
machines, like Sophia are also attributed legal personalities and
personhood.
