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Madras High Court Disposes PIL Alleging Infringement Of 'Right To Education' Of 7 Yrs Old Temple Priest
Sebin James
17 Dec 2021 9:06 AM GMT
The Madras High Court has disposed off a public interest litigation seeking directions for upholding the right to education of a boy who was appointed as temple priest when he was five years old. The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that the main grievance of the petitioner has been redressed by the respondent authorities since...
The Madras High Court has disposed off a public interest litigation seeking directions for upholding the right to education of a boy who was appointed as temple priest when he was five years old.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that the main grievance of the petitioner has been redressed by the respondent authorities since the child has been pursuing his education in the third standard as of now, without any impediments.
He was studying in the first standard in 2019. The minor priest had discontinued his education in August this year. However, he was readmitted in November.
The petitioner had also alleged that the child was forced to sacrifice his childhood for priestdom. However, Advocate General R. Shanmuga Sundaram submitted 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 and that the customary practice cannot be interfered with by the Court.
In the order, the Court accordingly noted,
"Liberty granted to the petitioner for resorting to Section 13 of the Commission For Protection Of Child Rights Act, 2005 if any rights of the child are seen to be infringed in the future. However, it is also made clear that the respondent authorities would arrange for continuous study of Respondent No.12 [Minor Priest represented through his father]. The writ petition is accordingly disposed off."
Background
The PIL was filed by D. Sivan, a resident of Kattabettu village in Kothagiri alleging that the right to education and the right to a normal childhood of the young boy has been sacrificed by the priesthood imposed upon him.
Advocate Thanga Vadhana Balakrishnan, appearing for the petitioner had pointed out that the minor child was not permitted to interact with his mother, owing to the customary bar for interacting with women till the age of 14 years.
Advocate General R Shunmugasundaram on the other hand contended that the child has been receiving education within the temple premises by a male teacher. He also submitted that the child could receive education under the state government's 'Education At Doorsteps' program.
However, Advocate General R Shunmugasundaram refuted the allegations and submitted that EMIS number has already been allocated to the student and its visible on the Website.
Balakrishnan also submitted that the previous pujaris in the tribal temple were not able to complete their studies or even pass the 10th Standard. Hence, she requested that arrangements must be made to ensure the continuous study of the child pujari.
The court then opined that the Right to Education as a fundamental right can only be extended to children and they cannot be forced to complete their education.
The counsel, in turn, submitted that this was a peculiar case, and the consent of the now 7-year-old child was immaterial.
However, the court pointed out that it can interfere only if something was done against the consent of the parents and the child. In the current situation, the parents have not even responded to the petitioner's case, added the bench.
Case Title: D. Sivan v. The District Collector & Ors.
Case No: WP/24165/2021 (PIL)
