Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/4637
Title: Understanding the misunderstood: mapping the scope of a deity's rights in India
Authors: Shrivastava, Anujay
Tiwari, Yashowardhan
O. P. Jindal Global University
Keywords: Fundamental rights in India
Constitutional rights in India
Hindu Deity
Sabarimala
Ram Janmabhoomi
Krishna Janmabhoomi
Issue Date: Jan-2021
Publisher: International Journal of Law and Policy Review
Citation: Shrivastava, A and Tiwari, Y. (2021). Understanding the misunderstood: mapping the scope of a deity's rights in India. International Journal of Law and Policy Review, 10(1), 1-45.
Abstract: 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.
URI: http://hdl.handle.net/10739/4637
Appears in Collections:JGU Student Research Publications

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