“Parents Concerned With Spiritual Leaders Role In Children’s Life”: Supreme Court Dismisses Spiritual Guru’s Plea Seeking Partner’s Release
The Supreme Court today dismissed a habeas corpus plea seeking release of a 21-year-old woman from the “illegal custody” of her parents and family filed by a 42 year old spiritual practitioner who he claimed was his “spiritual live-in partner.
While referring to the case of US Case of pop singer Britney Spears wherein she is fighting a legal battle to end the conservatorship by her father, bench of Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hrishikesh Roy said,
“We came across a case in America, where the laws are different. Cultures are different. The situation of the entire family is different. They will have to interact with the police. It's her mother & father who say that their daughter is mental. In India, none will say that they have a problem. They will always say that my son/ daughter is fine.”
Justice AS Bopanna also raised concern about several recent incidents of “spiritual gurus” and “babas” influencing young women.
“The other day there was a PIL where parents were concerned with the role played by spiritual leaders in the lives of their children,” Justice Bopanna said.
The Court was hearing an appeal against the order passed by Kerala High Court wherein the Court on January 20, 2021 had dismissed the spiritual guru’s habeas corpus plea. Allegedly, the girl was in a relationship with the “spiritual guru” but her parents claimed that she was mentally unstable.
Appearing for the petitioner Dr Kailas Natarajan, Senior Advocate Gopal Sankarnarayan referred to the provisions of Mental Health Act to submit that, “The Mental Health Act says that in judicial proceedings if there is any possibility impacting mental health, then they are required to refer to the board. She wasn't referred to the board.”
To this the CJI said, “Mr Sankarnarayan, the girl is not in the position to make her decisions herself. The judges consulted her twice.The girl is in a very fragile state of mind. The parents of the petitioner says that they cannot trust the guru.”
The Court thereafter while dismissing the plea said, “Taking into consideration the facts and circumstances of the case, we're not inclined to hear the application.”
Directions were also issued to the registrar of Kerala High Court to take steps to produce the girl before the concerned district judge after 1 month and the District Judge to examine the girl & her parents.
Case Title: Dr. Kailas Natarajan Versus The District Police Chief And Ors.| SLP(Crl) No. 4117-4118/2021