Plea challenges anointment of minor as pontiff; Karnataka HC orders notice

The Karnataka High Court on Wednesday ordered notice to the union government, state government and Udupi district administration in a PIL challenging the process of anointing a 16-year-old as the pontiff of Shiroor Mutt in Udupi. Shiroor Mutt is one of the eight mutts of Udupi Krishna Mutt.

A division bench, headed by Chief Justice Abhay Shreeniwas Oka, said the court would consider the prayer for interim order only after hearing all the parties. The matter has been posted to July 1.

The petitioners, P Lathavya Acharya and others, contended that there was a contemplated breach of child rights.

The petitioners have sought action under the provisions of the Commission for Protection of Child Rights Act, 2005, as well as directions to immediately take custody of the child to ensure that his educational prospects and other welfare matters are protected.

The petition said that the district police as well as the district magistrate and district child protection officer were intimated about various violations, including a minor’s rights.

A minor is not capable of exercising free consent and is not competent to contract in terms of the Indian Contract Act, 1872, the petition said.

“Even under the scheme of the Guardian and Wards Act, 1890, and as per the provisions of the Hindu Minority and Guardianship Act, 1956, as long as the child does not attain majority (18 years), the natural guardians who are the parents would continue to be the legal guardians of the minor child, unless ordered otherwise,” the petition said.

According to the petitioner, even a guardian, whether legal or natural, is not empowered to give any consent for material abandonment or imposition of sanyasa on the minor child.

This apart, the religious ceremony was reportedly held in violations of the provisions of the Disaster Management Act and the Epidemic Diseases Act, in view of lockdown regulations, the petition said.