With the disclaimer that I am not a legal expert......
I am proposing a legislation to solve the Sabarimala Issue as follows:
In the context of Hindu Temples and other places of worship:
Deity means a personified form of an entity of worship. To be called a Deity, the following conditions should be satisfied:
a) The Deity must have the nature of a person of conscience, and the place of worship is to be his/her personal abode.
b) The rituals of worship should be similar to the daily rituals of a person, such as bathing, consumption of food, sleep etc.
The Deity is a legal person, to be treated as a 'minor'. The chief priest, or a person in a similar position by convention shall be the legal guardian of the Deity, with rights and responsibilities to take decisions and express desires on behalf of the Deity.
The actions by the legal guardian can only be challenged by the well established conventions for the same, such as 'deva prashnam'. In case no such conventions exist, a consensus from the persons handling the same function at other temples shall be used.
The Deity, being a legal person, and the Temple being the personal abode of the Deity (and not a public place), is entitled to all rights entitled to a real person, such as right for privacy, right for property etc as guaranteed by the constitution and the legal framework of the land.
The devotees and worshipers visiting the place of worship shall be deemed as personal visitors for the Deity at his/her pleasure. The offerings made directly to the Deity shall be deemed as 'personal gifts' to the Deity.
The right to entry into the premises, customs to be followed, rituals to be performed etc shall be as per the desire of the Deity, as expressed by the 'legal guardian'. Changes in these shall be made only under general consensus of the devotees and the approval of the 'legal guardian'.
I am proposing a legislation to solve the Sabarimala Issue as follows:
In the context of Hindu Temples and other places of worship:
Deity means a personified form of an entity of worship. To be called a Deity, the following conditions should be satisfied:
a) The Deity must have the nature of a person of conscience, and the place of worship is to be his/her personal abode.
b) The rituals of worship should be similar to the daily rituals of a person, such as bathing, consumption of food, sleep etc.
The Deity is a legal person, to be treated as a 'minor'. The chief priest, or a person in a similar position by convention shall be the legal guardian of the Deity, with rights and responsibilities to take decisions and express desires on behalf of the Deity.
The actions by the legal guardian can only be challenged by the well established conventions for the same, such as 'deva prashnam'. In case no such conventions exist, a consensus from the persons handling the same function at other temples shall be used.
The Deity, being a legal person, and the Temple being the personal abode of the Deity (and not a public place), is entitled to all rights entitled to a real person, such as right for privacy, right for property etc as guaranteed by the constitution and the legal framework of the land.
The devotees and worshipers visiting the place of worship shall be deemed as personal visitors for the Deity at his/her pleasure. The offerings made directly to the Deity shall be deemed as 'personal gifts' to the Deity.
The right to entry into the premises, customs to be followed, rituals to be performed etc shall be as per the desire of the Deity, as expressed by the 'legal guardian'. Changes in these shall be made only under general consensus of the devotees and the approval of the 'legal guardian'.
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