[Shiroor Mutt] No legal restrictions on anointing minor as Chief Pontiff: State govt to Karnataka High Court

The Karnataka High Court on Thursday reserved its orders in a petition questioning the legality of anointing a 16-year-old minor as the Matadhipathi (chief pontiff) of the Udupi Shiroor Mutt community..A Bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum reserved its judgement in a plea moved by the managing trust of Sri Shiroor Mutt Bhaktha Samithi, Udupi, represented by P Lathavya Acharya and others.Both the State government and Amicus Curiae SS Naganand said that there are no legal restrictions against minor being anointed pontiff.The petition before the Court said that there were a number of press reports as per which the Peetadhipathi/Matadhipathi of the Sodhe mutt had announced that a 16-year-old boy would be anointed as the next Peetadhipathi of the Shiroor Mutt by conferment of Sanyasa.According to the plea, the reports further said that the devotees of the Shiroor Mutt had raised their objections to the same..Interestingly, the petition also said that the minor is not a disciple of Shiroor Mutt..When the matter was taken up for hearing on Thursday, advocate R Ravishankar appearing for the petitioner, contended that anointing a minor as chief pontiff amounts to imposing material abandonment on the child, which is in violation of Article 21 of the Constitution..The counsel appearing for the State government, in turn, questioned the maintainability of the plea. .He also contended that the appointment of Peedathipathi of Shiroor Mutt is also well within the policies formulated by the Central government from time to time including the National Policy for Children, 2013. "As Peedathipathi of the Shri Shiroor Matha, he is not denied or deprived of any of his rights flowing to him under the above mentioned laws or policies. The Peedathipathi pursues his education by learning the Vedas, Upanishads, philosophy of Shriman Madhwacharya to do which he had always shown keen interest, profound love and desire. He is not abused or forced to do any avocations unsuited to his age or strength nor is he forced to carry out the duties attached to the post of a Peedathipathi owing to any economic necessity or need. In Shri Shiroor Matha, he has all the opportunity and facilities for a wholesome development of his person and personality in conducive environment," it was submitted..Minor may not understand consequences of what he is doing: Karnataka High Court in challenge to anointment of minor as Shiroor Mutt matadhipathi.The State further emphasised that if somebody wants to become a celibate at 16 years, there is no law preventing the same.This apart, the Court was informed that no devotees of the Shiroor Mutt was present before the Court, questioning the anointment of the 16-year old. "What is their (petitioner's) right to say that you shall not make him (16 year old boy) a swami? If it is against his will and wish or of his parents, then you can come with a plea before the Court.".Amicus Curiae Naganand submitted that the age of majority is reckoned as 18 years only for purposes of entering into a binding contract and to undertake responsibilities as majors. This is the purpose for which the Majority Act, 1875 was enacted. However, while prescribing the age of majority as 18 years for this purpose, a specific exception has been carved out in Section 2 of the Act which says that nothing contained in the Act shall affect the religion or religious rites and usages of any class of citizens of India, he said..Therefore, for purposes of religion or religious rites and usages that have the protection of the Constitution as also international treaties, a person cannot be presumed to be a minor only for the reason that he is less than 18 years of age. It is, therefore, inappropriate to generalise that the initiation into Sanyasa of any person below the age of 18 years is a violation of the rights of the minor, he added.