Kerala High Court Asks Travancore Devaswom Board To Take Over Sabarimala Virtual Queue Services

The Kerala High Court on Friday ruled that the control over the virtual queue system for Sabarimala darshan should be transferred from the Kerala Police to the Travancore Devaswom Board. A Division Bench comprising Justice Anil K. Narendran and Justice P.G Ajithkumar delivered its verdict in a suo motu case and two petitioners, including one Public Interest Litigation (PIL) challenging the legality of the Pilgrim Management System, implemented by the Kerala Police. The Court has held that the Board should take over the management of the virtual queue system within three months while directing the Board, Tata Consultancy Services (TCS) which delivers technical support for the virtual queue system and the Director General of Police to take immediate steps to facilitate the handover. However, it was clarified that the police have the right to obtain data from the virtual queue system to maintain law and order in the temple premises while adding that the police collecting information about devotees for such purpose cannot be viewed as a violation of the right to privacy. This was elucidated in the light of the fact that, unlike other temples, Sabarimala temple was located inside a forest area and only the police can control the crowd and ensure law and order on its premises. The Bench noted that only police personnel and not the employees of the TDB, who were few in number, could offer assistance to all pilgrims at Pathinettam Padi to the temple.However, only the Board was authorised to decide on the rituals and temple-related practices and offering of darshan at the hill shrine and the police cannot assume the role of the board, the Division Bench pointed out. Currently, the police were handling the virtual queue system with the technical support of TCS. The service of the agency shall continue when the queue system is taken over by the TDB, the court directed. The Division Bench also asked the TDB to ensure the privacy of the data provided by the devotees during the online booking as per rules.The Virtual Queue, as per the website maintained by the Police Department, is "a limited subscription, first come first serve basis service" to provide access to the pilgrimage to a devotee.The petitioner claimed that for availing the impugned service, a devotee has to provide personal information including name, age, address, contact number, photograph, details of photo identity cards etc., without any assurance regarding the protection of their privacy or safety of the data so collected. The primary allegation in the PIL is that under the pretext of facilitating the crowds, the State and the Police are effectively usurping the role and powers of the Travancore Devaswom Board for malafide reasons in a completely non-transparent and arbitrary manner. The question before the Court was whether the Police and the State were entitled to host a website and run a virtual queue system without requisite approvals. The Court also took note of the fact that the portal had been releasing advertisements as well to generate revenue. As per the official website, the digital platform for SPMS is developed and facilitated by a private agency namely Tata Consultancy Services, Hyderabad.Advocate Abir Phukan appeared for one of the petitioners while State Attorney N Manoj Kumar appeared for the respondents. Case Title: Suo Motu v. Travancore Devaswom BoardCitation: 2022 LiveLaw (Ker) 189

Kerala High Court Asks Travancore Devaswom Board To Take Over Sabarimala Virtual Queue Services

Hannah M Varghese

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