Appointment Of 5-Year Old As Temple Priest Part Of Centuries-Old Custom; Right To Education Not Violated : AG Tells Madras HC

Today, the first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu took note of the status report filed by Hindu Religious & Charitable Endowments (HR & CE) Department and the counter filed by Education Department.

Once again, Advocate General R. Shanmuga Sundaram repeated that the appointment of the minor child as a priest is a part of the centuries-old custom of those belonging to the Badaga community. He submitted that nineteen villages surround the temple where the now seven-year-old child lives.

According to the respondents, the now seven-year-old child is the youngest of the three pujaris at the temple surrounded by tribal villages. It is a custom that cannot be dispensed with, argued the Advocate General.

The PIL before the High Court has been filed by D. Sivan, a social activist in Kattabettu village of Kotagiri, alleging that the right to education and the right to childhood of the young boy has been sacrificed at the altars of custom by his parents.

Today, the petitioner counsel, Thanga Vadhana Balakrishnan, informed the court that the birth certificate of the child has been submitted. The counsel also argued that it was unfair for the child not to see his own mother, owing to the bar on him not to interact with females during his stint (till he is 14 years old) at the temple.

"He has to wake up at 4 am every day. Then he is supposed to milk cows and make ghee out of it for the deities. The priesthood imposed on him violates the Right to Education Act", she argued.

Even though the child discontinued his education in August this year, he was readmitted in November. Advocate General contended that the child has been receiving education within the premises of the temple, contrary to the previous claims of the petitioner. He also submitted that the child could receive education under the state government's 'Education At Doorsteps' program. Currently, a male teacher has been giving him lessons in the temple itself, he added.

Before asking the Advocate General to file the counter, the judge observed that the child can't go out of the temple due to custom. As far as the education is concerned, since the AG submitted that suitable arrangements have been made, the court noted that it should wait till the filing.

The matter has been listed after two weeks from today.

Also Read: 'Bala Sanyasa' Is Legal; No Statutory Or Constitutional Bar Against Minor Becoming Swami: Karnataka High Court

Case Title: D. Sivan v. The District Collector & Ors.

Case No: WP/24165/2021 (PIL)