Even before the beginning of Maha Kumbh 2025, the mobilization of Akharas from across the country has started in Prayagraj. Meanwhile, a different incident took place, in which a family from Agra donated their 13 year old daughter to Juna Akhara. There are reports that his name has also been changed. All this allegedly happened as per the girl’s own wishes. But can children be given or taken like property, or are there any laws to prohibit this?
Forget children, even property deposited in the name of children cannot be donated with or without their consent. To protect the rights of minors, laws have been made all over the world which point in this direction. But then how are children getting fully involved with religious institutions even at an early age?
Before understanding this, let’s dig into a little history
It was a tradition in medieval Europe that poor families would often send their children to church. From the perspective of that period, it was a win-win situation on both sides. Families had no resources to raise children, whereas religious institutions had ample resources but needed people to run them. Such children would come and learn everything from the beginning and remain the property of the church till the end.
Both boys and girls were involved in this. This was not only a means of livelihood for them, but it also gave them status, which was not possible in any other situation. However, now even in the Christian community, no one is fully accepted for the religion before the age of 18, but only a physically and mentally mature candidate can adopt it.
But this is just a matter of theory. In fact, entry of minor children is taking place in almost all the countries of the world and almost all the religions. Since this issue becomes very delicate and controversial, any government has avoided taking direct action on it.
Consent is cited
Often in such incidents, it is shown that the children were spiritually minded from the very beginning, and they themselves wanted to completely join the religion. This is also accepted. But the recent incident at Kumbh has once again raised the question whether this logic alone is enough in such serious matters?
We talked to Manish Bhadauria, senior lawyer of Delhi High Court about this.
They say – Unless the child is an adult, his consent is also not considered as his will. Suppose a child is told not to wear warm clothes in such cold. Now what will happen if parents send him to school in light clothes and something bad happens? Parents then cannot argue that we respected their wishes. Not wearing warm clothes was her choice, or it was her consent. Only the parents will be held responsible.
This applies equally to minor to serious cases. If a child does something of his own free will and if the parents do not stop him from doing something wrong, he can also be punished. Meaning consent of a child under 18, not consent in any way. If parents do this, then under section 93 of BNS (formerly IPC), they can be sentenced to seven years of imprisonment.
Then how are children being handed over to religious institutions?
To do this a legal process has to be completed. For example, if we take the case of Kumbh, the age of the girl is 13 years. In such a situation, the parents can give the child for adoption to a religious institution and not donate it. Donation cannot be done legally by any human being. Complete adoption papers will be prepared, in which the name of the religious institution will be mentioned as the guardian. It will be his responsibility to take full care of the child, and he will also be responsible if any incident or accident happens to her.
There is one thing in this – Surrender of Child
This happens when the parents are so helpless that they cannot handle their child. It could be a physical or mental illness, or some other compulsion. In such a situation, a Child Welfare Committee will be formed which will look into the entire case. There will be counseling for children and parents. After this the child will be surrendered to the orphanage. Surrender deed will be written in this also. That is, the child will be given to the child only after complete studies, that too on the condition that he will be in better conditions. If legal aspects are not observed while handing over a minor to a religious institution, then it is a crime.
Many more rules for the protection of children
We have the Juvenile Justice (Care and Protection) Act, 2015. Under this, it is wrong to forcibly involve children in religious activities or give them to any such institution. If children are sent to religious places to work, then it also comes under child labour. Apart from this, minors cannot take Sannyasa. But since the issue of religion is very complex and sensitive, such cases are seen where children are completely involved in religion even under the age of 18 years.
Rest of the world also keeps the safety of children on top priority. There are child welfare laws in America and Europe, which ensure their safety. There also children cannot be handed over or donated to any religious guru. Similarly, in many countries following Buddhism, children live in monasteries but this is said to be related to education.
