Dolly Workers At Sabarimala Cannot Be Permitted To Stage Any Protest At Sabarimala, Which Is A Place Of Worship: Kerala HC
Justice Anil K. Narendran, Justice Muralee Krishna S., Kerala High Court
The Kerala High Court emphasized that the sanctity of Sabarimala, a revered place of worship, should not be disrupted by strikes or protests, especially by essential service providers, during the crucial Mandala-Makaravilakku festival season.
The dolly operators play a critical role in assisting elderly and disabled pilgrims by carrying them on bamboo chairs along the steep trek between the Pamba river and the Sannidhanam, the main shrine at Sabarimala. These services are particularly important during the festival season, which sees a large influx of devotees.
A Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. expressed strong disapproval of the flash strike organized by dolly operators at Pampa, who were protesting the decision of the Travancore Devaswom Board (TDB) to introduce prepaid counters for dolly services.
The Court said, "When (a large number of) personnel/employees (from various sectors) work as a team to ensure that the pilgrims have a safe, secure and hassle-free pilgrimage during Mandala-Makaravilakku festival season of 1200ME (2024-25), the Dolly workers at Sabarimala cannot be permitted to stage any protest at Sabarimala, which is a place of worship,"
The Court observed that strikes by the dolly operators could cause severe inconvenience to senior citizens, children, and differently-abled devotees who rely on this service to navigate the challenging terrain.
Senior Government Pleader S. Rajamohan appeared for the Respondent while Advocate Sayujya Radhakrishnan assisted the Court as Amicus Curiae.
The Court stressed that Sabarimala, being a place of worship, cannot be the site for protests or disruptions, particularly during the festival season, which is vital for the spiritual and physical well-being of the pilgrims. The Court criticized the dolly workers for using pressure tactics during such a critical period and noted that they should have raised their concerns with the TDB well in advance, before the festival season began. The Court firmly stated that protests or strikes by the dolly operators, or any other disruptions in the trekking path, Pamba, or Sannidhanam, could not be allowed during the Mandala-Makaravilakku festival seasons or any other significant religious events.
The Court said, "In case the Dolly workers have any grievance, they ought to have raised the same before the Travancore Devaswom Board well in advance, before the commencement of Mandala- Makaravilakku festival season of 1200ME (2024-25). No such protest or strike by the Dolly workers could be permitted at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival seasons or Maasapoojas,"
To protect the rights of the devotees to worship without disruption, the Court directed various authorities, including the TDB, the Chief Police Coordinator, the District Police Chief, the District Collector of Pathanamthitta, and the Station House Officers at Pamba and Sannidhanam, to ensure that no protests or disruptions by the dolly workers or others occur in the future. The Court instructed these authorities to take necessary measures to prevent any action that could negatively impact crowd management or public safety.
The Court further directed the Chief Police Coordinator and the Executive Officer of the TDB to submit detailed reports on the matter by December 9, 2024. The case has been scheduled for further hearing on December 6, 2024.
Cause Title: Suo Motu v. State of Kerala