Kerala High Court Clears Decks For Global Ayyappa Sangamam, Issues Directives To Preserve Sanctity Of Sabarimala Temple, Devotees Rights

The Kerala High Court on Thursday (September 11) laid down detailed directives for the conduct of the 'Global Ayyappa Sangamam', which is scheduled to be held on September 20 in the premises of Sabarimala Shrine and at the banks of the River Pamba.The Court was considering petitions that claimed that the event was a political and commercial one, veiled as one related to devotion, tourism and secular promotion.After a detailed hearing on Wednesday, the Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar opined that it finds no reason to interdict the conduct of the event. It observed:"By convening a one-day conference at Pampa, we are not persuaded that the Travancore Devaswom Board (TDB) is engaging in an activity beyond the scope of its statutory powers under the Act. The evident objective is to mobilize much-needed funds and obtain constructive inputs to streamline and implement the proposals embodied in the Master Plan. Insofar as the Sabarimala Temple is concerned, it is a matter of record that several developmental activities have historically been sponsored by devotees, and if such contributions are judiciously utilized for infrastructural improvement and for streamlining the management of temple affairs, it would directly advance the larger interests of the Board as well as the devotees. This assumes particular significance in circumstances where it is practically impossible for either the State or the TDB alone to consolidate and expend the enormous quantum of funds required for infrastructural development."Considering the role of the state government in the event, the Court noted that the State is entrusted with supervisory control over the management and administration of the event, which unlike religious rituals, partakes of a secular character. Moreover, it recorded that the objective of the proposed conclave is to gather diverse perspectives into the long-term Master Plan for Sabarimala, including the proposed Sabari Rail and Sabarimala Airport. However, it expressed that there is an expectation on the State to discharge this responsibility in a transparent and accountable manner.Regarding the Sabarimala Master Plan prepared by the government, planning phased development over a period of 50 years, the Court opined:"The ultimate objective of the Master Plan is to provide sustainable and modern infrastructure facilities to pilgrims, while simultaneously safeguarding the fragile environment of the region. The plan covers a wide spectrum of issues, including pilgrim management, the development of base camps and transit facilities, land-use and transportation linkages, and the adoption of the latest technological and economically viable solutions wherever feasible. It also analyses infrastructure requirements, physical and social amenities, and services necessary to support the pilgrimage, as well as land and development management strategies for Pampa and Sannidhanam. Further, it contemplates development models for built spaces, an implementation and monitoring framework, options for phasing, strategies for resource mobilisation, disaster management protocols, and the creation of institutional mechanisms to oversee regional development."The petitioners in the case had urged that the State is undertaking non-secular activities and imposing its will on the Travancore Devaswom Board (TDB) but rejecting the same, the Court further observed:"Since the State has filed an affidavit clarifying that it is merely providing logistical and infrastructural support for the event, we find no reason to conclude that the State is indulging in non-secular activities. We also find no reason to doubt the assertion by the Government and the TDB that the event is funded primarily through sponsorships and voluntary contributions. At the same time, we expect the TDB to maintain transparent accounts for every paise received and spent, and the same shall be subject to statutory audit."DirectionsAfter making these observations, the Court also thought it fit to pass certain directions in the larger interest of maintaining the sanctity of Sabarimala and the ecological balance of the holy River Pampa.The directions are reproduced below:"a) The Board shall hereafter exercise strict discretion to ensure that no event is conducted on the banks of the River Pampa in any manner that compromises its sanctity, whether by erecting permanent or temporary structures.b) During the days of the conclave and throughout the preparatory works, the Travancore Devaswom Board (TDB) shall ensure that none of the rituals, ceremonies, or related functions are disturbed or diminished to the detriment of the devotees.c) Any temporary structures proposed for the event shall be strictly minimal, least intrusive, and specifically designed to prevent environmental degradation or disturbance to the sacred precincts.d) All necessary steps shall be taken to ensure that no plastic bottles, cups, or other non-biodegradable waste are used...

Kerala High Court Clears Decks For Global Ayyappa Sangamam, Issues Directives To Preserve Sanctity Of Sabarimala Temple, Devotees Rights

K. Salma Jennath

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