A Surat family court has once again stepped in to prevent a minor child from undertaking the lifelong religious vow of diksha, reigniting a complex debate that pits religious faith against the legal rights of children. The court, citing a similar precedent set just months ago, has stayed the diksha of a seven-year-old girl following a petition filed by her father.
A Father's Legal Battle to Protect Childhood
The latest case involves a 42-year-old share trader from Surat who approached the court to stop his young daughter from becoming a Jain monk. The father, estranged from his wife for over a year, stated in his application that he discovered his daughter had been living at a Jain temple in Mumbai for the past couple of months. He learned that her diksha ceremony, marking her formal renunciation of worldly life, was scheduled for February 8, 2026.
In his plea to the Surat Family Court, presided over by Judge S V Mansuri, the father argued that at the tender age of seven, his daughter is incapable of making such a profound decision about her future. He emphasized that as a legal guardian, his consent was not sought for this life-altering step, which he claims was a unilateral decision by the mother. The court has listed the matter for further hearing on December 22.
The father also revealed a previous incident where his wife had left their daughter at a Jain temple in Ahmedabad without his knowledge, from where he had to bring her back. His attempts to meet his daughter at the Mumbai temple were unsuccessful. Alongside the stay on diksha, he has also filed for legal custody of both his children, a petition which remains pending.
Echoes of a Precedent: The May 2024 Order
The current petitioner draws hope from a nearly identical case adjudicated by the same court in May 2024. In that instance, the court intervened just days before the diksha ceremony of a 12-year-old Jain boy. On May 20, 2024, Judge Mansuri ordered that the ceremony be stayed until the father's petition for custody was heard.
The court's order in that case was unequivocal. It stated that the applicant's son was a minor and "not competent to decide about his future." The judgment further clarified that "consent given by the minor for the diksha ceremony should not be taken into consideration" and that the child would not be capable of making such decisions until attaining the age of 18.
The background of that case involved a fractured family. The parents, married in 2008, separated in 2016 when the wife returned to Surat with their son. The marital discord led to legal complaints, including a dowry demand accusation filed at Surat's Adajan Police Station in 2018 and a domestic violence case. The father, a businessman from Indore, had been seeking custody of his son since 2023.
Community Divide and the Stringent Path of Diksha
These legal interventions have stirred intense discussion within the Jain community. Surat-based community leader Bipesh Shah, a textile trader, has been a vocal opponent of minors taking diksha. He advocates for a government ban similar to that on child marriage. "Childhood is a beautiful period, and time to play, study and enjoy. Once initiated into the diksha ceremony, one has to cut off all worldly comforts and relationships," Shah explains.
However, his stance has faced significant backlash. He estimates that around 70% of community members he engages with oppose his view, often responding with hostile messages. He notes that even religious leaders have been reluctant to address the issue. Shah argues that children can serve society in many ways—as doctors, engineers, or leaders—without taking the religious path at a young age.
The gravity of the diksha commitment was outlined by another Jain leader from Surat, who spoke on condition of anonymity. The process involves multiple solemn ceremonies:
- Mehendi Ceremony: The initiate receives blessings from their future religious guide (guru), applies mehendi, and has their head shaved.
- Farewell to Family: The individual seeks blessings from parents and relatives for the last time as a family member.
- Renunciation: The person gives up their original name, receives a new monastic name from their guru, and participates in the 'Varsidan' ceremony, relinquishing all personal wealth and possessions.
In the May case, the defense argued that attaining monkhood was a "path to heaven" and stopping it would have deep consequences within the community. They also contended that in Jain tradition, a boy is considered an adult at the age of seven. However, the petitioner's lawyer, Advocate Naresh Gohil, countered that "no religion is above the law" and that a father's consent is essential, with its absence constituting a violation of fundamental rights.
The Road Ahead: Custody and Consent
Both cases now hinge on pending custody battles. In the current matter, the father claims his wife is unemployed and dependent on her father and brother, and thus cannot secure the children's education and future. He asserts his ability to provide a stable and prosperous upbringing.
The mother in the latest case has not yet publicly stated her position, with a relative indicating she would present her stand at the December 22 hearing. The court's interim stays have, for now, paused the irreversible step of diksha for both children, placing the question of a minor's agency, parental rights, and religious freedom squarely before the judiciary. The outcomes will likely set significant precedents for similar conflicts within the community and beyond.
