The Kerala High Court in a suo moto registered DBP concerning Sabarimala Temple propounded that every worshipper is obligated to exercise his right to worship in a manner that is subject to the practice and tradition of the said Temple and directed the Travancore Devaswom Board (“Board”)to ensure that no pilgrim is allowed to have darshan with posters or huge photographs of celebrities, politicians, etc. in hand or to play the drum or any such similar instrument in front of the Sopanam of the Sabarimala Sannidhanam.
Brief Facts:
Based on a complaint filed by a devotee of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple (hereinafter referred to as “the Temple”), the present DBP is registered suo moto. The complaint is about the pilgrims’ bringing posters and huge photographs of celebrities, politicians, etc. at the Sabarimala Sannidhanam.
Brief Background:
Situated inside Periyar Tiger Reserve, the Temple is a popular pilgrim centre in Kerala. The Temple along with Malikappuram Temple comes under the Travancore Devaswom Board.
The administration, supervision, and control of Devaswoms are governed by the Travancore-Cochin Hindu Religious Institutions Act, 1950 (hereinafter referred to as the “Act”). The Act prescribes the Board’s duties such as ensuring the regular performance of traditional rites and ceremonies and establishing proper facilities for the devotees.
Observations of the Court:
The Bench remarked that the right to worship is a civil right subject to the practice and tradition in each temple. The Court relied on Sajeev Sastharam v. State of Kerala & Ors. (2022 7 KHC 295) to reiterate, restrictions imposed at the Temple ensure a smooth flow of pilgrims and apply to all the worshippers. Further, no pilgrim is permitted to have darshan with posters or huge photographs of celebrities, politicians, etc. in hand.
The High Court opined that as per the Act, the Board is under obligation to ensure that the regular traditional rites and ceremonies are performed following the practice of the Temple. Thus, a pilgrim’s playing of a drum in front of the Temple ought not to have been allowed.
The decision of the Court:
The Kerala High Court propounded that every worshipper is obligated to exercise his right to worship in a manner that is subject to the practice and tradition of the said Temple and directed the Board to ensure that no pilgrim is allowed to have darshan with posters or huge photographs of celebrities, politicians etc. in hand or to play the drum or any such similar instrument in front of the Sopanam of the Sabarimala Sannidhanam.
Case Title: Suo Moto v. State of Kerala & Ors.
Coram: Hon’ble Mr. Justice Anil K. Narendran, Hon’ble Mr. Justice P.G. Ajithkumar
Case No: DBP No. 91 of 2022
Advocate for Respondents: Adv. N. Raghuraj (Amicus Curiae)
Read Order @LatestLaws.com
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