A Hindu female is not competent by reason of her sex to succeed to the office of a worshipper or Archaka in a temple and to the emoluments attached thereto, for she may appoint a qualified deputee to officiate in her stead.
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There is nothing in the textual Hindu Law to the contrary, nor can it be said that the recognition of such usage is opposed to public policy in Hindu Law.
ADVERTISEMENTS:
The Supreme Court in Angurbala v. Debobrata, recognised the right of a female to succeed to the religious office of Shebaitship on the view that Shebaitship is a property. But while the right to such office is property, it involves also substantial element of duty. In the above case, it was said, both the elements of office and property, of duties and personal interests are blended together and neither can be detached from the other.
In respect of such offices specially where they are attached to public institutions, the duties are to be regarded as primary and the rights and emoluments are only appurtenant to the duties. As the devolution of the office of the Shebait is regulated by succession and in absence of succession by the rule of inheritance, in both these cases, women shall be decidedly preferred in comparison to several persons equally entitled.