Personhood Beyond The Human: The Legal Status Of Hindu Idols In Indian Jurisprudence
- IJLLR Journal
- 48 minutes ago
- 2 min read
Raunak Dugar & Jahnavi U, School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
Hindu idols have long been recognised as juristic persons by the Indian courts, which have allowed them to own property, accept offerings, and sue and be sued. Although this doctrine has been essential in safeguarding religious endowments and managing temples, it has raised serious jurisprudential issues regarding the definition of legal personality, the extent of rights enforceable, and the role of the State in matters of religion. The lack of clarity in the doctrine of the theoretical foundation and practical ramifications of attributing legal personhood to non-human religious entities is the main issue of this paper. This paper seeks to review the evolution of the juristic personality of Hindu idols in Indian law, to evaluate the relevance of leading theories of legal personality, and to examine the legal implications of granting idols rights in a contemporary constitutional context. The study uses a doctrinal approach, relying on landmark cases of the Privy Council, other High Courts and the Supreme Court of India, as well as the writings of jurists and commentators. The research depicts that the Indian courts have long accepted the status of idols as juristic persons as a legal means of protecting temple property and fiduciary responsibility of shebaits. It also discusses that the judiciary has deliberately eschewed strict adherence to any single theory of jurisprudence, instead following a pragmatic, context- sensitive approach grounded in religious practice and the necessity of law. However, reliance on human agency to enforce individual rights raises issues of mismanagement, taxation, and conflicts of interest. The paper concludes that the juristic personality of Hindu idols is a unique contribution of Indian jurisprudence, as it is a regulatory mechanism rather than a theoretical construct. Although helpful in conserving religious endowments, the doctrine must be judicially balanced to avoid doctrinal inconsistency and other negative legal implications.
Keywords: Idols, Juristic person, Property Rights, Shebait, Temple Assets.
