Traveling overseas No more a violation of tradition : Karnataka HC for the Udupi paryaya ritual
Title: SRI. Gururaj Jeevan Rao v State of Karnataka
Citation: WRIT PETITION NO. 634 OF 2024
Dated on: 11.7.2022
Corum: Justice THE HON’BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE KRISHNA S DIXIT
Facts of the case
The case is a writ petition filed under Articles 226 and 227 of the Constitution of India by Sri. Gururaj Jeevan Rao, a resident of Bangalore, against the State of Karnataka, Department of Revenue, and other respondents. The petitioner is requesting the first respondent to constitute a committee and frame byelaw/guidelines for conducting ‘paryaya’ in Ashta Mutt at Udupi, in the interest of justice and equity. The petitioner claims that the fourth respondent, His Holiness Sri Sugunendra Theertharu of Puthige Mutt, Udupi, is not entitled to touch the idol of Lord Krishna and disqualified from worshiping the deity because he travelled abroad.
Legal Provision
The Hon’ble court makes it clear that Article 19 of the Indian Constitution provides for the right to travel abroad which is a fundamental right guaranteed in the article 19 and 20 of the Indian constitution which is also guaranteed and can be availed by the to the plaintiff as well. Hence the court held that state cannot be asked to frame guidelines for regulating the Parayaya.
Court Analysis and Judgement
The High Court dismissed the petition, holding that the petitioner failed to substantiate his claim that there was a long-standing tradition in the Mutt that any pontiff (Seer) who travels overseas is disqualified from touching the idol of Lord Krishna and becoming ‘Pariyaya Swami’. The Court also held that the right to travel abroad is a fundamental right guaranteed under Articles 19 and 21 of the Constitution, and that the State cannot be asked to frame guidelines to regulate ‘paryaya’ in such a way as to disentitle a pontiff from becoming ‘Pariyaya Swami’ on the sole ground that he had traveled overseas. The Court further held that ‘paryaya’ system has religious elements that enjoy constitutional protection under Articles 25 and 26, and that the courts cannot readily interfere in such matters and dismissed the petition.
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Written by- Namitha Ramesh