M RAMAN NAMBOODIRI Vs. ADMINISTRATOR GURUVAYOOR DEVASWOM

JUDGEMENT

(1.) This Writ Petition raises an important question with regard to the appointment of Melsanthi in the Guruvayoor Temple. As per the notification of the Devaswom, the post of Melsanthi in the Temple is open only to Namboothiris residing in Sukapuram and Peruvanam and should have 'Agnihothram' or 'Bhattavrithi'. Age limit is between 35 and 65. Since the petitioner complied with all the qualifications mentioned in the notification, applied for the post. But his application was not considered on the ground that he was "Parivethanakkaran'. According to the petitioner, the concept of 'Parivethanakkaran' has no relevance in the present day society. The term 'Parivethanakkaran' is defined in verse 171 of Chapter III of Manusmrithi as 'a younger brother who marries before his elder brother'. Among Brahmins the marriage of a younger brother before the marriage of the elder brother was considered to be a sin and among brothers only the elder one was supposed to marry. The purpose behind putting such a restriction was to make available the younger brothers for the holy and sacred duties while the elder brother only married and kept the family tree growing.

(2.) By the lapse of time, among Namboothiris, this system has undergone substantial change and it was exploited as a method for preserving the family assets in tact. During this period, the aforesaid rule got diluted and the elder brother continued to marry from his own caste and the younger brothers also started marrying but from other castes so that the assets of the family will be remained in tact. By the middle of 20th century, several youngsters started marrying from their own caste against the custom of marrying from outside the caste. The Orthodox sector among the Namboothiris was against this because it led to the family partitions and other consequences. The contention of the Devaswom was that they are merely following the Thanthris advice.

(3.) Under Section 35(1) of the Guruvayoor Devaswom Act, a Committee or the Commissioner or the Government shall not interfere with the religious or spiritual matters pertaining to the Devaswom. Section 35(2) of the above Act says that the decision of the Thanthri of the Temple on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom shall be final, unless such decision violates any provision contained in any law for the time being in force.