Mode of reaching temple not essential religious practice: Kerala HC refuses early opening of forest path to Sabarimala

The Kerala High Court recently ruled that it cannot order the opening of a traditional forest trek route to the Sabarimala temple, or the 'Kanana Patha', ahead of the schedule fixed by the authorities, merely to suit the personal convenience of individual pilgrims [V Shyamalan v State of Kerala & ors]..A Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar noted that the schedule for opening the path is guided by various factors, to protect pilgrims and the ecologically fragile tiger reserve through which the path passes.Pilgrims are expected to plan their travel to Sabarimala in line with the schedule, the Court said. They cannot insist that the patha be opened earlier to align with their personal convenience or by disregarding the larger administrative, logistical, and safety considerations involved in fixing such a schedule, it added. .The Court also noted that there were other ways to reach the temple than by the forest path. "The mode of reaching the temple can be seen as a means to an end, not the end itself. The vast majority of Ayyappa devotees today reach Sabarimala by other routes without any doctrinal impropriety, which would mean that while the traditional route is hallowed by custom, it is not mandated as per any religious tenets or scriptures," it observed. It added that a mode of reaching a temple is not an essential religious practice to view it as part of a pilgrim's fundamental rights under Article 25 (freedom of religion) of the Constitution. "There is no scriptural injunction that one must only arrive via Erumeli forest to fulfill the pilgrimage. Rather, it was a logistical necessity when there were no roads or access and a respected tradition. Under no circumstances, can the mode of access to a temple be construed as an essential religious practice," the November 13 ruling said. .Under no circumstances, can the mode of access to a temple be construed as an essential religious practice.Kerala High Court.The Court, therefore, dismissed a petition filed by a Delhi-based lawyer and devotee V Shyamohan, who had sought the opening of the path by November 15. He explained that he had secured a virtual queue e-pass for Lord Ayyapap's darshan on November 17, at a time when it was not clear when the forest path would be opened. He was aggrieved by the failure of the Travancore Devaswom Board (TDB) and the Forest Department to notify in a timely manner the opening date of the traditional route, which was eventually set for November 17. The petitioner submitted that unless the forest path is opened at least by November 15, pilgrims like him would be forced to abandon their pilgrimage. He explained that it would be impossible for pilgrims like him, who held a virtual queue pass for November 17, to undertake their customary trek and get darshan on the same day. .The authorities, however, maintained that they issued clear notifications about the opening of the trek and temple visits through the 'Ayyan' mobile app.The Court also took note of the State's submission that the traditional forest path to the Sabarimala temple passed through the Periyar Tiger Reserve, which was inhabited by tigers, elephants, leopards and other protected forms of wildlife.It observed that in the past, the unregulated movement of pilgrims in the path had led to environmental damage, human-wildlife conflict and even a stampede, resulting in the loss of lives. Therefore, the Court opined that there was a need to strictly adhere to the measures taken by the authorities for the preservation of the forest as well as the safety of pilgrims. As such, the authorities could not be compelled to open the forest route earlier merely to suit individual preferences, the Court said. .It also advised the authorities to publish details about the carrying capacity of pilgrims at the Sabarimala temple, as well as the routes to it, before each Mandala–Makaravilakku season, along with contingency down-rating in the event of adverse weather or emergency conditions;It added that officials should be prepared to issue dynamic advisories when crowd thresholds are breached, maintain an integrated real-time control room to monitor the footfall, queue lengths, and medical incidents.This data and public advisories should be published in the Virtual Queue portal and the Ayyan mobile application, so that pilgrims can plan their routes and timings responsibly, the Court said. .On a parting note the Court invoked the spiritual philosophy of 'Tat Tvam Asi' (you are that), to emphasise,"Protecting the forest and preserving the sanctity of the Periyar Tiger Reserve, therefore, harmonize with, rather than contradict, the spiritual philosophy that underpins Lord Ayyappa’s abode at Sabarimala.".The petitioner was represented by advocates Mathew A Kuzhalnadan, Kuriakose Varghese, Sradhaxna Mudrika, Nabeel BA, and Cheriyil Sanil John.Senior government pleader S Rajmohan represented the State.Standing counsel G Biju appeared for the Travancore Devaswom Board.[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.