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Synopsis

The Kerala High Court has ruled that protests or strikes disrupting pilgrimage activities at Sabarimala, especially during the Mandala-Makaravilakku festival season, cannot be allowed. A Division bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S., emphasised that Sabarimala is a sacred place of worship and such disruptions infringe upon the devotees' right to worship and jeopardize crowd management and public safety.

The court initiated suo motu proceedings after a report was submitted by the Sabarimala Special Commissioner regarding a flash strike by dolly workers at Sabarimala. Dolly workers, who assist elderly and disabled devotees by carrying them in bamboo chairs along the steep trekking path between Pamba and the Sannidhanam (main shrine), were protesting the Travancore Devaswom Board’s (TDB) decision to introduce prepaid counters for dolly services. The strike, coinciding with the Mandala-Makaravilakku festival season, caused disruptions for pilgrims, including senior citizens, children, and persons with disabilities, who rely on dolly services for a safe and accessible pilgrimage.

The dolly workers argued that the new prepaid system would negatively affect their income and requested a delay in its implementation. They justified their protest as a necessary measure to draw attention to their grievances.

On the other hand, the Senior Government Pleader S.Rajmohan, along with TDB’s Counsel, argued that the prepaid counter system aimed to enhance transparency and service efficiency. It was further contended that the dolly workers’ strike during the critical festival season was unjustified and posed challenges to crowd management. It was highlighted that measures had been undertaken, including discussions with stakeholders, to address the workers’ concerns.

The court categorically held that Sabarimala’s sanctity as a place of worship must be preserved and that protests disrupting worship and crowd management cannot be allowed. “Any such protest or strike from the side of Dolly workers will also adversely affect the right of the worshippers of Lord Ayyappa, who reach Sabarimala, to exercise their right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala,” the court emphasised, adding that grievances should have been raised well before the festival season.

The court criticised the strike, stating that “The Dolly workers could not be allowed to use such kinds of pressure tactics during Mandala-Makaravilakku festival seasons or Maasapoojas,” as any protest or strike by them would disrupt crowd management at Sabarimala, designated as a Special Security Zone, and compromise the safety of pilgrims, including young children, senior citizens, and persons with disabilities.

Citing the Travancore-Cochin Hindu Religious Institutions Act, 1950, the court emphasised the TDB is duty bound to ensure proper facilities for pilgrims and highlighted Sabarimala's designation as a Special Security Zone under the Kerala Police Act, 2011. It directed all authorities, including the police and the TDB, to ensure uninterrupted worship and efficient crowd management.

Additionally, the court directed the Chief Police Coordinator and the TDB’s Executive Officer to submit compliance reports by December 9, 2024.

 

Cause Title: Suo Motu v State of Kerala [SSCR NO. 87 OF 2024]