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From Tradition To Constitution: A Comparative Analysis Of The Indian Judiciary's Shift In Recognizing Deity Personhood From Vidya Varuthi To Shri Ram Janmabhoomi


 


Juhisha Jones AV, BBA LLB (Hons), Presidency University, Bangalore


ABSTRACT


The recognition of deities as legal persons stands as a distinctive aspect of Indian jurisprudence, one that has witnessed significant evolution in judicial interpretation over the years. This research critically examines the evolving jurisprudence surrounding the recognition of deities as legal persons within the Indian judiciary, with a particular focus on a comparative analysis between early colonial-era rulings and contemporary constitutional judgments. While the legal personhood of deities has long been recognized, the manner in which courts have interpreted this status has undergone significant transformation. Early judicial pronouncements primarily addressed issues of property ownership and religious endowments, often framed within the narrow context of personal law. In contrast, modern rulings engage with broader constitutional principles, including secularism, fundamental rights, and the protection of cultural heritage.


Through a meticulous comparison of landmark cases, such as Vidya Varuthi v. Balusami Ayyar (1922), which concentrated on the administrative control of temple properties, and the recent Shri Ram Janmabhoomi verdict, which grappled with issues of religious identity and public interest, this research highlights the shifting contours of legal reasoning. This study also explores how the changing socio-political landscape, alongside developments in legal doctrine, has influenced judicial interpretations of deity personhood. Particular attention is given to the implications of recognizing deities as living persons within a modern legal framework, especially in relation to constitutional rights, environmental protection, and governance of religious institutions.


Ultimately, this research aims to illuminate the broader impact of these judicial shifts on future legal disputes involving religious entities. Through this lens, the study seeks to contribute to a nuanced understanding of the intersection between religion, law, and constitutionalism in India, offering insights into how future legal conflicts involving deities may be adjudicated within an evolving legal landscape.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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