BY AD v. R.LAKSHMI NARAYAN

dragged over burning coal. The writ petition was filed when it was reported that a 14 year old boy had performed as Thee Chamundi Theyyam in the Kaliyattam organised by the sixth W.P.(C)No.15800 of 2023 4 respondent. The petitioner points out that there is every possibility of the performing children getting hurt and hence prays that such type of performance, i.e., Thee Chamundi Theyyam by children should be prohibited.

2. Since the Malabar Devaswom Board is having a supervisory role and the Thee Chamundi Theyyam performance by a child was in the Perumkaliyattam organised by the Chirakkal Sree Chamundi Kottam Perumkaliyatta Mahothsava Committee, they were joined as additional respondents 5 and 6.

3. The 6th respondent Committee, in response to the notice, initially tried to support the centuries-old performance, even if it is by a child, but ultimately filed an affidavit dated 12.01.2024 through its Secretary, making it clear that the said committee shall not allow children to perform the Thee Chamundi Theyyam.

4. Apart from the aforesaid affidavit, the State authorities have also filed a counter affidavit through the Secretary of the 2nd respondent, i.e., the Department of Women and Child Development. In paragraph 7 of the affidavit, it made clear that W.P.(C)No.15800 of 2023 5 the State is bound to take utmost care of children and shall take appropriate action if any illegal activities like using of children in Thee Chamundi Theyyam is reported.

5. The Principal Secretary to Government, by communication dated 09.10.2023 addressed to all District Collectors and all DCPOs of Kannur Range, informed them about the present public interest litigation and directed them to ensure that if practices violating the rights of children and compromising the health and safety of children are detected, the same shall immediately be reported and appropriate preventive action taken and a report submitted, if required.

6. The learned Senior Government Pleader has produced a communication dated 06.11.2023, sent by the District Collector, Kannur to the Principal Secretary, Women and Child Development Department informing about the compliance of the letter dated 28.10.2023.

7. Another communication dated 20.01.2024 addressed to the District Police Chiefs and Sub Divisional Police officers of W.P.(C)No.15800 of 2023 6 Kannur Range from the Deputy Inspector General of Police, Kannur Range is also placed on record, by which all Police officers within Kannur Range have been directed to take appropriate action if the instructions issued by the Principal Secretary and District Collector are not complied with.

8. The letter dated 09.10.2023 from the Principal Secretary to Government addressed to all the District Collectors and all DCPOs reads as under: “GOVERNMENT OF KERALA Women and Child Development (C) Department NoWCD-C3/125/2023-WCD 09-10-2023, Thiruvananthapuram From To Principal Secretary to Government All District Collectors All DCPOs Madam/ Sir, Sub: Women and Child Development Department - WPC 15800-23- Filed by Disha Janasevana Kendram - To ban the Ritual Practice called Theechamundi theyyam-Reg. W.P.(C)No.15800 of 2023 7 Ref: WPC 15800-23- filed by Disha Janasevana Kendram (Copy Enclosed). I invite attention to the reference cited. DISHA Jana Sevankendram filed WP (C) 15800/2023 requesting orders to ban the practice of Thee Chamundi Theyyam with children as performers, alleging that the practice is unconstitutional and amounting to violation of child rights. In the WP (C), Secretary Women and Child Development is the 2nd respondent. Hon. High Court of Kerala in its interim order dated 10/08/2023, sought information thus: ’How the Department intends to prevent, the activities involved in the present petition wherein children are compelled to perform Theyyam walking on embers?’ Government view atrocities against children and violation of child rights seriously. The district administration and field units of the Department of Women and Child Development closely monitor whether activities/practices in violation of child rights or endangering the health and safety of children are being practised in their jurisdictions, under the guise of certain rituals or customs. The surveillance measures should be strengthened to ensure that practices violating the rights of children and compromising the health and safety of children are detected and reported, and prevented based on situational analysis and field surveillance. Report in this regard, with specific W.P.(C)No.15800 of 2023 8 reference to the questions raised by the Hon. High Court may be sent to government at the earliest. Yours faithfully, DR SHARMILA MARY JOSEPH PRINCIPAL SECRETARY Principal Secretary to Government.”

9. The directions issued by the Deputy Inspector General of Police, Kannur Range to the District Police Chiefs and Sub Divisional Police Officers, Kannur Range, by which all Police officers have been directed to take appropriate steps, read as under: “No. C1-1300/2024-KR Office of the Deputy Inspector General of Police Kannur Range, Kannur Dated: 20/01/2024. From Deputy Inspector General of Police, Kannur Range, Kannur. To The District Police Chiefs & Sub Divisional Police Officers, Kannur Range. W.P.(C)No.15800 of 2023 9 Sir, Sub: WPC No. 15800/2023 filed by "Dhisha" with regard to prohibit "TheechamundiTheyyam" in the state of Kerala using children as performers-instructions - reg. Ref: WP(C) No. 15800/2023 ---------- Please refer to the subject and reference cited above. A writ petition vide reference cited has been filed by "Dhisha", a registered NGO in the Hon’ble High Court of Kerala seeking intervention of the Hon’ble Court to prevent the practice of engaging children as performers "Theechamundi Theyyam", a ritual prevalent in Kerala State which is potentially dangerous to their life and well- being. In the context of the observations made by the Hon’ble High Court in the said petition, the following instructions are issued. 1) Strict legal action shall be taken against the concerned whenever a complaint is received that children are compelled to perform "Theyyakolam" and associated rituals which are potentially harmful to their life and safety. 2) Whenever any such information is received that children are being compelled to perform Theyyams like "TheechamundiTheyyam" in temples as part of rituals, necessary notices shall be issued by the police W.P.(C)No.15800 of 2023 10 to the concerned warning them of legal consequences in cases of violation of law. 3) Necessary instructions shall be given to the temple authorities and organizers to take necessary safety measures for public safety during the performance of such rituals and ensure the compliance of the same. 4) Awareness programmes shall be arranged for the temple authorities, organizers, performers and their family members to educate them regarding the health hazards and potential dangers when children are compelled to perform Theyyams like "Theechamundi Theyyam". 5) A combined effort in co-ordination with Women and Child Development Department should be taken to create awareness among the organizers and devotees in this regard. Yours faithfully, Sd/- Deputy Inspector General of Police, Kannur Range, Kannur.”

10. Considering the above facts and particularly the action taken by the State authorities, including the DIG, Kannur Range, which is part of the Northern Malabar area, we are of the opinion that the matter can be disposed of. W.P.(C)No.15800 of 2023 11 The authorities shall keep close surveillance wherever such performances are carried out and take preventive action if information is received about the possibility of children participating in the Thee Chamundi Theyyam and shall also take stringent action in accordance with law. The writ petition is disposed of as above. Pending interlocutory applications, if any, shall stand closed. Sd/- A.J. Desai Chief Justice Sd/- V.G. Arun Judge W.P.(C)No.15800 of 2023 12 APPENDIX OF WP(C) 15800/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 25.04.2015 ISSUED BY DISTRICT REGISTRAR, MALAPPURAM Exhibit P2 TRUE COPY OF THE NARRATIVE ANALYSIS OF AN INTERVIEW Exhibit P3 TRUE COPY OF PHOTOGRAPH OF THEE CHAMUNDI THEYYAM PERFORMER WHOSE LEG HAD TO BE AMPUTED ON ACCOUNT OF THE INJURY SUFFERED DURING THEE THEYYAM PERFORMANCE Exhibit P4 TRUE COPY OF THE FESTIVAL NOTICE DATED NIL PUBLISHED BY CHIRAKKAL TEMPLE TRUST Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS OF THEE CHAMUNDI THEYYAM PERFORMER Exhibit P6 Exhibit P7 TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE HINDU DAILY DATED 8.4.2023 TRUE COPY OF THE ARTICLE ENTITLED "ENTE MAKKALE CHUTTU KOLLARUTHU " DATED 08.04.2023 PUBLISHED IN TRUE COPY THINK Exhibit P8 TRUE COPY OF THE RELEVANT PORTIONS OF THE NATIONAL POLICY FOR CHILDREN, 2013 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 11.4.2023 SUBMITTED BY THE PETITIONER Exhibit P10 A TRUE COPY OF THE ARTICLE ENTITLED " CHAARAVUM CHORAYUM THUPPUNNA DAIVAM" PUBLISHED IN MATHRUBHOOMI MAGAZINE DATED 30.04.2023 W.P.(C)No.15800 of 2023 13 Exhibit P11 TRUE COPY OF THE LETTER ISSUED BY THE INSPECTOR OF POLICE, VALAPATTANOM TO THE PRESIDENT OF THE PETITIONER DATED NIL