RECENTLY IN INDIAN YOUNG LAWYERS Vs. STATE

JUDGEMENT

(1.) The extreme hardships felt by the genuine pilgrims to have 'darsan' at Sabarimala, because of the alleged unreasonable restrictions imposed by the police curtailing the entry, the right of movement, the right to proceed in groups, the right to chant 'Sararanmanthras'/prayers, the right to remain at Sannidhanam, the right to offer various 'vazhipads' etc; in violation of their fundamental rights; under the guise of preparatory measures for setting the field to give effect to the verdict passed by the Apex Court recently in Indian Young Lawyers Association and others vs. the State of Kerala and others] [2018(4) KLT 373], striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Auhorisation of Entry)Rules, 1965, facilitating entry of women of all age groups form the basic challenge in these writ petitions filed by different petitioners. Reports of the Special Commissioner, Sabarimala appointed by this Court on the relevant aspects are separately numbered as SSCRs. In some of the cases, there is a challenge with reference to the order issued by the District Magistrate, Pathanamthitta, under Section 144 of the Cr.PC. In almost all the cases, the course pursued by the Government officials, particularly the 'Police excess' is sought to be deprecated. It is contended that the Devaswom Board is simply dancing to the tune of the Government and the Government has virtually taken over the Sabarimala pilgrimage, for which they do not have any power, authority or control in any manner under any law,including the Travancore Hindu Religious Institutions Act (TCHRI ACT).

(2.) Sabarimala is a Unique shrine, deep in the forest, surrounded by Periyar Tiger reserve, at an average height of 490 MSL. The Temple opens only for limited number of days every year, attracting a crowd/pilgrims of nearly 3.6 crores from different parts of the country and it involves trekking of about '5' Kms up the hill; same route/distance to reach back at Pampa, down the hill. Most of the pilgrims come after performing various rituals/'vratha' and the pilgrims are always reminded as an embodiment of the Deity himself [TATAWAMASI-Tad Thwam-Asi]. This Temple is supposed to be the most unique symbol of Secularism, as almost all the pilgrims going there via Erumeli, worship in a Mosque situated there and many seek the blessings of 'Vavar'-a close aide/friend of the Deity-positioned at Sannidhanam.

(3.) On pronouncing the declaratory judgment of the Apex Court (supra) there was an attempt to proceed to Sabarimala by some alleged activists, who were given full support by the Government/Police, which was sought to be resisted from different corners. Because of the tense situation, they had to retreat. The State beefed up the Security and deployed an unprecedented number of policemen/officers and imposed several curtail measures. Conveyance from Nilakkal to Pampa (solely by public transport-KSRTC) was restricted, Hotels/Annadana Mandapam were ordered to be closed down and the time to complete the trekking and 'darsan' was allegedly reduced. There was restriction in chanting 'Saranamanthra'/prayers as well; all of which triggered the panic button. Considering the protest from different corners, based on the report of the police, Sec.144 Cr.P.C . was declared by the Executive Magistrate/District Collector, Pathanamthitta.