Challenge to order prohibiting traditional pilgrim route at Sabarimala: Supreme Court asks body to approach High Court
"Fundamental Rights to profess and practice the religion guaranteed under Article 25 of the Constitution is seriously impaired by the government high-handedness......, the ritual practices and functioning of the pilgrimage are severely impaired infringing the Fundamental Rights of the followers of these temples under Article 14 of the Constitution", the SLP submitted.
In a plea challenging a High Court order stating that rituals and traditional practices that are performed during the pilgrim season through the traditional forest route need to be prohibited at the Sabrimala Temple owing to COVID-19, a division bench of the Supreme Court today directed the Kshetra Aachaara Samrakshana Samiti to approach the Kerala High Court.
The Samiti had approached the top court seeking special leave to appeal against the said order. In the interim, the Samiti also sought to be allowed to practise all rituals at Sabarimala temple for the pilgrim season.
A bench of Justice Aniruddha Bose and Justice Vikram Nath has directed the Samiti to approach the High Court as it had imposed the restrictions in the first place.
In September 2020, the Special Commissioner of Sabarimala (Addl. District & Sessions Judge-VI, Kollam) submitted a report regarding formulating safety protocol (social distancing, crowd management and sanitisation protocol) in view of COVID-19 pandemic situation for Sabarimala, to ensure a safe and secure Mandala Makaravilakku pilgrimage season.
Accordingly, a Special Committee was constituted to consider the precautionary measures in relation to the Mandala-Makaravilakku season by a Government Order.
The special committee so constituted had then decided that the pilgrimage route is to be restricted. In October 2020, when the Sabarimala Special Commissioner Report having come up for admission, the Kerala High Court passed the impugned judgement restricting few rituals and prohibiting other rituals and traditional practices.
Flied through Advocate Suvidutt MS, the SLP stated that while considering the pandemic, it is only rational and the best step forward to conduct the pilgrimage with the appropriate safety measures.
"...but that cannot be mistaken for an opportunity to reduce religious freedoms of the devotees, guaranteed under Article 25 and 26, by arbitrarily deciding to stop the devotees from using the traditional routes which in itself form the most important parts of the pilgrimage also considering that the usage of these routes cannot result into any safety concerns in connection with COVID-19", added the plea.
Court was further informed that the ritual is not a mere celebratory festivity for public consumption but is a mandatory and essential part of the Temple’s religious practice, which the Temple or its administrators are religiously mandated to observe and perform under any and all circumstances.
"Any interruption in the observance of this mandatory religious practice affects the very sanctity of the Temple and all its future rituals, as well as the faith of millions of devotees across the world who understand and revere the significance of the pilgrimage", the SLP stated.
The Samiti also told Court that it is the faith and belief of the members of the Samiti and devotees of the Sabarimala Temple that the non-conduct of the pilgrimage via the traditional and essential route has consequences not only for the sanctity of the Temple but also for the society in general.
"The Temple and its practices have survived the worst of iconoclastic invasions. It would indeed be unfortunate if its practices are broken in modern independent India which constitutionally recognizes and guarantees freedom of religion, which includes the freedom to observe and practice religion as mandated by religion", the petition submitted.
Case Title: Kshetra Aachaara Samrakshana Samiti vs. The Travancore Devaswom Board and Anr