The first division bench comprising acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu passed the direction to the state on hearing a petition by one D Sivan, a resident of Kattabettu village in Kothagiri.

The petitioner submitted through his counsel Thanga Vadhana that the eight-year-old boy was appointed as a priest to Hindu Religious and Charitable Endowment Department’s Shri Heththai Amman Temple in Naduhatty village at age five in 2019.

“The child was forcibly denied to acquire education. He has to stay inside the temple campus all the time. He has to clean the temple and do rituals. It is his duty to extract milk from the temple buffalo. He should convert it as ghee for lightening the five-foot-high temple lamp. Since outside food is not allowed to the child, he has to prepare his food on his own. Due to this, he could not get an opportunity to study. It is a violation under the Right to Education Act,” the petitioner submitted.

R Shunmugasundaram, the Advocate General submitted that it is a custom among the Badaga community people to appoint a boy as a priest to that particular temple. In a counter filed by the state, it was said that teachers are visiting the temple premises to teach lessons for the child.

“As it is an age-old custom among the Badaga community, it cannot be broken. They have a religious custom to appoint boys aged between five and fourteen as priests. He was enrolled in the school under Right of Children to Free and Compulsory Education (RTE). The textbooks and other materials have been sent to the temple. A special teacher has been appointed to teach subjects to such children,” the state government submitted in its counter.

The AG further said the government has implemented a scheme called ‘Illam Thedi Kalvi’ – Education to all the houses in this pandemic time and which has been extended to the temple where the child is serving.

However, Thanga Vadhana countered the argument saying there is no provision allowing teachers to visit the temple for taking classes for one particular student. “Teachers cannot visit the temple to take classes unless the child is disabled or sick,” she argued. On recording the submissions, the bench urged the state to file an affidavit to ascertain how education is imparted to that children.