Kerala High Court Directs WCD Secretary To Propose Steps To Ensure Children Are Not Compelled To Perform 'Theyyam' Ritual Dance

The Kerala High Court on Thursday directed the Secretary, Department of Woman and Child Development to file an affidavit detailing the concrete steps that would be taken to ensure that children would not be compelled to perform the ritualistic dance performance of 'Thee Chamundi Theyyam'. 

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun issued the above direction while considering the plea filed by NGO Dhisha, seeking a ban on the participation of children in the ritualistic dance performance in north Malabar region of Kerala.

The NGO has alleged that the ritualistic dance performance, also known as 'Ottakolam Theyyam', which is held by the Chirakkal Kovilakam and Chirakkal Temple Trust in connection with their annual function, involves the children being thrown to the embers a minimum of 101 times.

The matter came to light after a 14 year old child was made to perform the Theyyam in May, 2023. 

The plea filed through Advocate A.K. Preetha averred that the practice adversely affects the wellbeing of the children participating in the dance, apart from affecting their right to life. It has also been alleged that the children selected to perform the Theyyam dance often belong to the marginalized scheduled caste and scheduled tribe communities, thus rendering the performance a 'relic of the feudal past'.

"Selecting children as performers is violative of their fundamental rights, against their best interests, and is hazardous affecting their health and well-being," the plea states.

Chief Justice Desai enquired today why the Government could not issue directions that children should not be made part of such rituals.

To this, the counsel for the respondents submitted that the Thee Chamundi Theyyam was a part of tradition, and done by a particular sub-caste. "The child's relatives are around, so I don't think any injury would be caused to child," the counsel submitted. He also added that an enquiry was being conducted in the matter. 

Advocate Preetha submitted that the National Policy on children stipulates that no custom or tradition should stand in way of protecting the rights of the children. 

It is at this juncture that the Court clarified that while the enquiry could be continued, the Secretary would have to submit an additional affidavit before the Court listing the steps taken to prevent such incidents in the future. 

"We also expect that before the date of next hearing, concrete steps shall be taken by the respondent State. Give positive directions," the Court observed.

The matter has posted for further consideration in September, 2023. 

Case Title: Dhisha v. Union of India & Ors. 

Case Number: W.P. (C) 15800/ 2023