SUO MOTU v. STATE OF KERALA

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL- TDB SRI N.RAGHURAJ - AMICUS CURIAE FOR SPL COMMISSIONER, SABARIMALA THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP No.4 of 2024 Anil K. Narendran, J. 3 ORDER This DBP is registered suo motu based on a complaint made by Sri. Vijayakumar and another complaint made by Sri. Ravi Kumar through e-mail dated 25.12.2023 and 29.12.2023 respectively, to the Registrar General pointing out the difficulties faced by the pilgrims at Sabarimala. In the complaint made by Sri. Vijayakumar, it is pointed out that pilgrims are dumping their garments in the Pamba River. The complaint made by Sri. Ravi Kumar is regarding the necessity to arrange separate queue for senior citizens, during Makarajyothi season.

On 08.01.2024, when this DBP came up consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

Heard the learned Senior Government Pleader for respondents 1, 2 and 5 and additional respondents 7 and 8, the learned Standing Counsel for Travancore Devaswom Board for respondents 3, 4 and 6 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

The crowd management and other aspects in connection with Mandala-Makaravilakku festival season of 1199 ME (2023-24) are the subject matter of SSCR No.29 of 2023 filed by the Special DBP No.4 of 2024 4 Commissioner, Sabarimala. Regarding the steps to be taken to provide adequate facilities to Sabarimala pilgrims at Sabarimala Edathavalams, during the Mandala-Makaravilakku festival season of 1199 ME, the Special Commissioner filed SSCR No.36 of 2023. In SSCR Nos.29 and 36 of 2023, this Court has passed various orders on crowd management and other aspects.

Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam.

Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning DBP No.4 of 2024 5 properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.

The movement of pilgrims from Nilakkal to Pamba and thereafter from Pamba to Sannidhanam is regulated by ‘hold and release’ mechanism, when the total footfall at Sannidhanam and Pamba is near the holding capacity of each location. The restrictions in crowd management are being implemented considering various aspects including the position of the tail end of the queue in the Nadapanthal at Sannidhanam, to ensure that pilgrims have a safe and comfortable darshan at Sannidhanam. In the orders passed in SSCR No.29 of 2023, this Court noticed that out of the total pilgrims nearly 30% are children of tender age and women, who require special care, especially while climbing ‘Pathinettampadi’. In addition to them, aged persons and persons disability require proper assistance climbing ‘Pathinettampadi’. When the average footfall at Sabarimala reaches 80000-90000 pilgrims per day, more than 70 pilgrims will have to move through ‘Pathinettampadi’ in a minute in order to ensure that all pilgrims have darshan of Lord Ayyappa when the sanctum DBP No.4 of 2024 6 sanctorum remains open, i.e., for 18 hours. Even after the closure of sanctum sanctorum, the pilgrims are permitted to climb ‘Pathinettampadi’, except for one hour required for cleaning Sannidhanam. The pilgrims, who climb ‘Pathinettampadi’ when the sanctum sanctorum remain closed, are having darshan on the very next day, when the sanctum sanctorum opens at 3.00 a.m. During the current Mandala-Makaravilakku festival season, the total footfall at Sannidhanam on various dates had crossed 1 lakh pilgrims. A large number of pilgrims remain at Sannidhanam after darshan for Neyyabhishekam. Considering the holding capacity at Sannidhanam and Pamba, as part of crowd management movement of pilgrims from Nilakkal to Pamba and from Pamba to Sannidhanam is being regulated by ‘hold and release’ mechanism, to ensure the safety of the pilgrims.

In the complaint made by Sri. Vijayakumar it is pointed out that the banks of Pamba river remain unclean and the river steps are dumped with used wet cloths such as Veshti and other garments.

On the above aspect, the learned Standing Counsel for Travancore Devaswom Board would point out the earlier orders of this Court whereby the pilgrims were requested not to dump or throw their clothes in Pamba river or on its banks. Despite the DBP No.4 of 2024 7 directions issued by this Court, a large number of pilgrims throw away their clothes in Pamba river, though it is not a customary practice in Sabarimala. When the pilgrims continued to throw away their clothes into Pamba river, the Travancore Devaswom Board engaged Kuthaka holders for collection and removal of such clothes from Pamba river. Public announcements in multiple languages are being made during Mandala-Makaravilakku festival season, requesting the pilgrims to avoid such a practice. Boards are also erected on the banks of the Pamba river as an advisory to the pilgrims.

Having considered the submissions made at the Bar, we deem it appropriate to direct the 6th respondent Executive Officer, Sabarimala and the additional 7th respondent Executive Magistrate, Sannidhanam to take necessary steps to ensure that wet clothes thrown by pilgrims in Pamba river are being removed continuously by the Kuthaka holders in order to maintain the river and its banks clean and tidy.

Another issue pointed out in the complaint made by Sri. Vijayakumar is lack of space at Pamba Manappuram.

The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board would submit that after the floods in the year 2018, the direction of DBP No.4 of 2024 8 Pamba river has changed resulting in considerable reduction in the total area of Manappuram. After the floods of the year 2018, there are frequent flash floods as a result of which the parking space at Pamba-Triveni is being submerged, frequently. Therefore, presently that area is not being utilised as a parking space, considering the safety of the pilgrims.

Another grievance pointed out in the complaint made by Sri. Vijayakumar is regarding the queue complexes in the trekking path.

The learned Standing Counsel for Travancore Devaswom Board would submit that for regular cleaning and maintenance of the toilets in the queue complexes and for providing Chukkuvellam and biscuits to pilgrims stranded in the queue, the Travancore Devaswom Board is deploying sufficient number of volunteers. The workers of Sabarimala Sanitation Society (Visudhi Sena Members) are also engaged for cleaning activities in Sabarimala.

By the orders passed in SSCR No.29 of 2023, this Court directed the 2nd respondent Chief Police Co-ordinator at Sannidhanam to ensure that there is no overcrowding of pilgrims at the queue complexes, when the movement of pilgrims from Pamba to Sannidhanam is regulated by ‘hold and release’ mechanism. By the order dated 08.01.2024, the Executive Magistrate at DBP No.4 of 2024 9 Sannidhanam was directed to give necessary instructions to the Duty Magistrates at Sannidhanam, Pamba and Nilakkal to conduct an inspection of the toilet and urinals in the queue complexes, on the side of trekking paths and Nadapandal at Sannidhanam, on that day itself, to ensure that such toilets and urinals are maintained clean and tidy and to submit a report before this Court. Pursuant to that direction, the report of the Duty Magistrates is made available for the perusal of this Court while SSCR No.29 of 2023 was taken up for consideration.

The learned Standing Counsel for Travancore Devaswom Board would submit that the cleaning activities at Nilakkal, Pamba and Sannidhanam and also at trekking path are being done by the Visudhi Sena Members engaged by the District Collector, Pathanamthitta, under Sabarimala Sanitation Society. In addition to the such workers, regular cleaning activities at Sannidhanam are being done by the employees of Travancore Devaswom Board, under the project ‘Pavithram Sabarimala’. The learned Senior Government Pleader would submit that such cleaning activities are being monitored by the Executive Magistrate at Sannidhanam, through the Duty Magistrates at Nilakkal, Pamba and Sannidhanam. There are Sanitisation Supervisors under the Duty Magistrates, who are giving regular inputs to the Duty Magistrates, DBP No.4 of 2024 10 which is being passed on to the Executive Magistrate.

Having considered the submissions made at the Bar, we deem it appropriate to direct the additional 7th respondent Executive Magistrate at Sannidhanam to obtain reports from the Duty Magistrates at Sannidhanam, Pamba and Nilakkal regarding the cleaning activities undertaken by the workers of Sabarimala Sanitation Society and also that under ‘Pavithram Sabarimala’. The report of the Executive Magistrate shall be placed on record in SSCR No.29 of 2023 by 12.01.2024.

In the complaint made by Sri.M.Ravi Kumar, it is pointed out that a separate queue for children and senior citizen for darshan of Lord Ayyappa at Sabarimala may be arranged for the current Makarajyothi season.

The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board would point out that separate queue for children of tender age, women, senior citizen and persons with disability has already been provided at Sannidhanam during the entire Mandala-Makaravilakku festival season, which is being availed by such persons. Therefore, there is absolutely no basis for the apprehension made in the complaint made by Sri.M.Ravi Kumar.

The Special Commissioner, Sabarimala filed SSCR No.4 DBP No.4 of 2024 11 of 2024 regarding the complaint of a devotee that he was bodily hurt by a police officer while ascending the Pathinettampadi in the evening of 07.01.2024. When report came up consideration, along with SSCR No.29 of 2023 and connected cases, the learned Senior Government Pleader, on instructions, submitted that the police personnel deployed at Pathinettampadi are taking special care for children of tender age, persons with disability, women and aged persons. SSCR No.4 of 2024 is now pending consideration before this Court.

The learned Senior Government Pleader, on instructions from the 2nd respondent Chief Police Co-ordinator at Sannidhanam, would submit that the police is taking proper care of the pilgrims, especially children of tender age, women and senior citizen and also persons with disability, in order to ensure their safety.

Having considered the submissions made at the Bar, we deem it appropriate to dispose of this DBP, reiterating the directions issued in SSCR No.29 of 2023 and connected matters, thereby directing the Travancore Devaswom Board, the District Administration and the Police to make necessary arrangements in terms of the directions contained in the orders of this Court, to ensure a safe and comfortable darshan to the pilgrims, to the maximum extent possible, during current Mandala- DBP No.4 of 2024 12 Makaravilakku festival season. Registry to communicate a copy of this order to the complainants in their respective e-mail ID. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE AV/10/1