Rituals can't overtake individual faith: Court

If a man does not perform a ritual, he cannot be termed as a non-believer, a court in New Delhi has said.

"Rituals have their own place in society, but cannot be allowed to overtake individual faith," Additional District Judge Kamini Lau said.

Religion even otherwise is a matter of personal belief and what is more important is the adherence of a person to the
preachings of a religion and the rituals associated with it, the court added.

It passed the observations while rejecting a contention of Munirka Budh Vihar Trust that R S Gautam, who represented
the Buddhist Society of India, was not a Buddhist as he had not performed 'Dhammadiksha' ceremony and continued to enjoy the status of Scheduled Caste.

"Not being a Buddhist in view of his having not performed Dhammadiksha ceremony does not seem to be very sound in the present circumstances more so as the very concept of caste and rituals stand diluted in Buddhism," the court said.

As far the contention that a person belonging to Scheduled Caste adopting Buddhism no more remains a member of
the reserved category, the court said, in view of the Scheduled Caste Presidential Order of 1950, a Scheduled Caste
who

adopts Buddhism or Sikhism may maintain his previous status.

The court dismissed an appeal of Munirka Budh Vihar Trust, challenging a decree passed in favour of Mumbai-based
Buddhist Society of India restoring its control on the body. 

"I hold that a fraud had been played in a systematic and planned manner on the part of the appellants to grab the
Munirka Budh Vihar, which is a branch affiliated to the Buddhist Society of India," the court said. 

In its appeal, Munirka Budh Vihar Trust pleaded that Buddhist Society of India had no control over it as only
Buddhists can become its members. It argued that as Gautam, holding general power of attorney, was a Scheduled Caste, no person could be an SC and Buddhist simultaneously.

It also claimed itself to be a registered society, stating that people managing Munirka Budh Vihar handed over
possession to the trust. 

"There cannot be any denial that the name of Munirka Budh Vihar and Munirka Budh Vihar Trust are deceptively similar to each other," the court said, upholding a decree passed in favour of the Buddhist Society of India in November, 2007.