Spiritual Organisation still bound by worldly law: Supreme Court refuses challenge to monitoring of Ashram

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Synopsis

The suggestion for formulation of a committee to supervise the working of the Viswa Vidyalaya was put forth by Delhi Commission of Women before the High Court, to ensure that the women and children residing in the ashram do not suffer any violation of their fundamental or human right

The Supreme Court today dismissed a plea challenging the formation of a committee to supervise the functioning of the Adhyatmik Vishwa Vidyalaya, which has been in the news for allegedly committing human rights violations against its 162 female inmates. 

In April, a division bench of acting Chief Justice Vipin Sanghi and Justice Navin Chawla had issued directions for a committee to be formed for ensuring that there were no fundamental/human right excesses against the female inmates of the ashram.

The said committee was to be supervised by Ms. Kiren Bedi, who had consented to shoulder responsibility to do the same.

As per the directions of the high court, the committee was to consist of:

  • The concerned district judge or his statutory nominee holding the rank of Additional District Judge, who shall be the chairperson. 
  • The concerned District Magistrate 
  • A representative of Legal Services Authority 
  • One nominee of the Delhi Commission
  • One officer of the Women and Child Development Cell shall be the convener. The said officer shall also act as the nodal officer

While hearing the Ashram's plea today, a bench of Justices DY Chandrachud and AS Bopanna told the Ashram's counsel that although it was a spiritual organisation, it had to follow the wordly law.

"A district judge is coming to you, to supervise you... they are no interloper..", the bench further remarked.

The counsel for the Vishwa Vidyalaya further told the court that the committee appointed by the High Court was imposing on it and cited undue harassment.

He added that the ashram was not covered under the Women's and Children's Institutions (Licensing) Act, 1956.

It was further argued that the High Court had not recorded the ashram's objections to the constitution of a supervisory committee.

At this juncture, Justice Chandrachud defended the High Court decision to appoint a supervisory committee and said, "You maybe living in a spiritual world but if you have a sore throat you have to go to an MBBS doctor. If you have to file your accounts you have to go to a CA.”

Noting that the High Court was already dealing with the issue, the Top Court has asked the ashram to approach the High Court with its grievances.

Earlier this month, the High Court had also granted liberty to Adhyatmik Vishwa Vidyalaya to move an application for quashing the FIR filed against them by the members of the inspection team on account of the alleged manhandling and misbehaviour of the ashram authorities when the team went to inspect and videograph the premises.

Case Title: Adhyatmik Vishwa Vidyalaya vs. UoI