PIL before Kerala High Court seeks ban on children performing ritualistic dance Thee Chamundi Theyyam

A public interest litigation (PIL) petition has been filed before the Kerala High Court seeking a ban on the practice of involving children in the performance of “Thee Chamundi Theyyam”, a customary dance that is prevalent in northern Malabar districts of Kerala [Dhisha v Union of India & Ors.].Theyyam is a traditional religious ritualistic practice in northern Kerala and the Thee Chamundi Theyyam is one among such forms of Theyyam.On Tuesday, a division bench consisting of Justices Anil K Narendran and Kauser Edappagath asked the petitioner to implead the Malabar Devaswom Board and the trustees of the temple under which the dance performance is conducted.The matter will be heard next on May 22..The petition filed by a non-governmental organization (NGO), Dhisha Foundation contended that the children, who are selected for participating in the said dance, are thrown to embers a minimum of 101 times, thereby affecting the child’s well-being by compromising their very basic right to life."The same is violate of the constitutional guarantees and international covenants," the plea said.The plea stated that issue came to the forefront when a 14-year-old child was a performer in a Thee Chamundi Theyyam held by the Chirakkal Kovilakam and Chirakkal Temple Trust in connection with their annual function.“The High-Risk factor while performing the Thee Chamundi theyyam is such that the risk factor for the artists is very high as accidents and mishaps during the performance are common phenomena. On top of that, no health care assistance is ensured by the temple authorities to look into the health care needs of the artist, even in times of emergency. It is in this scenario children are used as performers,” the plea explained.The PIL submitted that the children selected to perform in said customary dance are from a backward community and are a relic of the feudal past.“Selecting children as performers is violative of their fundamental rights, against their best interest, and is hazardous as it affects their health and well-being,” the petition said.It pointed out that that other than physical damages, there can be also be chances for psychological damage to the child if they are put in such dangerous rituals.The NGO submitted that they had moved representations before the relevant authorities, including the Central and State governments but did not receive any response..Therefore, the petitioner approached the court seeking orders prohibiting the inclusion of children as performers in the Thee Chamundi Theyam dance and a declaration holding the same to be violative of the fundamental rights of children. “Parents or the temple authorities cannot impose their religious beliefs that have harmful implications on the child. When parents fail to ensure the safety of the child and the State has miserably failed to protect the interest of the child, it is imperative for Constitutional Court to step in to protect the rights of the children invoking parens patriae doctrine and issue necessary directions to ban the participation of children in Thee Chamundi Theyyam,” the PIL said..The petitioner was represented by advocate AK Preetha..[Read Order]