INTRODUCTION
Sabarimala temple dedicated to the god Ayyappan, a sacred place situated in Pathanamthitta district of State of Kerala, which is managed by the TDB (Tavancore Devaswom Board) a statutory and autonomous body, saw a massive protest initiated and powered by the dolly workers, dolly workers are the vital service operators during the Sabarimala darshan, dolly workers aid the senior citizens, children, disabled, and other devotees of god Ayyappan during the Sabarimala pilgrimage, dolly workers carry such devotees on bamboo chairs fixed with a poles, and many devotees are dependent on them, they stage a protest and strike due to the pre-paid counters rules introduced by the TDB,.
The Kerala High Court initiated a suo moto case against the protest and strikes planted by the dolly workers during an important Mandala-Makaravilakku festival of Sabarimala. And Court observed that strikes and protest of such important service can not be allowed as it will affect the rights of devotees.
BACKGROUND
Kerala High Court while looking into the arrangements and preparation of an important Mandala pilgrimage festival of Sabarimala initiated a Suo Moto case versus State of Kerala and Ors. Case number- SSCR NO 87 OF 2024. On 4th December 2024, Kerala High Court’s division bench consisting Hon’ble Justice Anil K Narendran and Hon’ble Justice Muralee Krishna S, observed that Sabarimala which is an important place of worship cannot be disrupted through any forms of strikes or protests of any nature which can cause problems for the devotees while performing their worship especially during the peak festive time, and any kinds of such protest should be avoided and not allowed which can hinder or hamper the smooth functioning of the pilgrim’s journey.
KEY POINTS
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- Kerala High Court protected the rights of devotees by banning the strikes and protests by the dolly workers who are the backbone of the service provider relating to the pilgrimage and darshan of the temple.
- Court strongly criticised the call for strikes by the dolly operators at Pampa who were protesting against the TDB (Tavancore Devaswom Board).
- The Court observed when a large number of personnel/employees from various sectors works as a team to ensure that the pilgrims have a safe, secure, and hassle-free pilgrimage during the festival season these kinds of strikes are unlawful and should be prohibited.
- The Court stated that these kinds of strikes would badly affect the senior citizens, children, disabled and other devotees who totally rely on these dolly service.
- The Court also advised the dolly service these kinds of demands and protest against the decision of the board should have been raised well in advance and these are poor pressure tactics during the vital festive season and it cannot be permitted during the important festive season.
- The Court also protected the Right to Worship which is a fundamental right guaranteed by Article 25 and 26 of the Constitution of India.
- The Court asked to submit detailed reports by December 9th, 2024.
RECENT DEVELOPMENT
The Kerala High Court cited the Tavancore-Cochin-Hindu Religious Institutions Act, 1950, and stated the TDB’s responsibility to maintain Sabarimala as a place of worship and ensure adequate and proper facilities for devotees.
The Court also observed that Sabarimala is a Special Security Zone under The Kerala Police Act, 2011, and crowd management and public safety is their duty.
The Court also directed the TDB, Chief of Police Coordinator, District Police Chief, District Collector, Station House Officer, to ensure that no hurdles or obstacle by dolly workers or other occur in the future.
CONCLUSION
The Kerala High Court protected the rights of devotees and promoted The Right to Worship which is a fundamental right by banning the unnecessary strikes and protest by the dolly workers who are the vital player when it comes to smooth functioning of the Sabarimala darshan. The Court stated protest should not be initiated at the last hour with an ill intention to add pressure tactics and there should be right condition and way of calling a protest and they asked the authorities to look into this and make sure such strikes and protest are called off and not permitted at any cost and hence they uplifted the rights of the devotees and banned the strikes and protest of dolly workers.
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WRITTEN BY SALIL GAURAV
