Sabarimala a place of worship, not strikes: Kerala High Court on dolly workers' protest

The Kerala High Court on Wednesday observed that Sabarimala, being a sacred place of worship, cannot be disrupted through strikes or protests by essential service operators, particularly during the Mandala-Makaravilakku festival season. [Suo Motu v. State of Kerala and ors].A Bench comprising Justices Anil K Narendran and Muralee Krishna S, therefore, criticised a flash strike called by dolly operators at Pampa, who were protesting the Travancore Devaswom Board’s (TDB) decision to introduce prepaid counters for dolly services."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 said. .Dolly workers help elderly and disabled Sabarimala devotees navigate the steep trek between river Pamba and the Sannidhanam (main shrine) during the Sabarimala pilgrimage, by carrying such pilgrims on bamboo chairs fixed to poles that the workers carry on their shoulders.The Court noted noted that strikes by the operators of such services would adversely affect senior citizens, children, and disabled devotees who rely on such dolly services.The Court, therefore, criticised the protesting dolly workers for using pressure tactics during a critical festival season at Sabarimala, adding that they should have been raised their grievances well in advance."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," the Court said. .Citing the Travancore-Cochin Hindu Religious Institutions Act, 1950, the Court highlighted the TDB’s responsibility to maintain Sabarimala as a place of worship and ensure adequate facilities for devotees.The Court further emphasised that Sabarimala is a Special Security Zone under the Kerala Police Act, 2011, making crowd management and public safety paramount during festival seasons.To protect the rights of devotees to worship Lord Ayyappa without obstacles, the Court proceeded to direct the TDB, the Chief Police Coordinator, the District Police Chief, the District Collector of Pathanamthitta, the Station House Officer, Pamba and the Station House Officer, Sannidhanam, to ensure that no disruptions by dolly workers or others occur in the future."Take necessary steps to ensure that no protest or strike from the side of the Dolly workers or others, adversely affecting crowd management at Sabarimala, which is a Special Security Zone, takes place at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival season of 1200ME (2024-25)," the Court ordered. It also directed the Chief Police Coordinator and the TDB’s Executive Officer to submit detailed reports by December 9, 2024. The matter has been posted for further hearing on December 6. .Senior Government Pleader S Rajamohan appeared for the State.Advocate Sayujya Radhakrishnan assisted the Court as Amicus Curiae..[Read Order]