Kerala High Court Issues Directions To Ensure Safety Of Pilgrims During Karkidakavavu Festival Due To Adverse Weather Conditions

The Kerala High Court today invoked its parens patriae jurisdiction to issue directions for ensuring the safety of pilgrims and others during the Balitharpanam and Karkidakavavu rituals conducted by devotees in public places such as Shanghumukham, Thirumullavaram, Varkala and other places during the Karkidakavavu festival on August 3, 2024.

During the Karkidakavavu festival, Hindu devotees perform the Bali Tharpanam ritual to pay respect to their ancestors and deceased family members and seek their blessings. It is usually conducted in public places near sea shores, holy rivers and temple properties in the State. 

The Division Bench comprising Justice Anil K Narendran and Justice Harisankar V. Menon observed that the police and district authorities must ensure the safety of pilgrims performing the Balitharpanam rituals due to the bad weather conditions in the State. 

The Court passed the above order in a petition filed by Bharatheeya Jyothisha Vichara Sangham seeking a declaration that the State government and Devaswom Boards have no legal right to regulate and interfere in the Karkidakavavu rituals. The plea alleged that the government during a press conference on July 17, 2024, declared that they would take over the conducting of rituals including the appointment of priests for the Karkidakavavu rituals. The plea alleged that the Government's move to appoint priests to conduct Karkidakavavu rituals violates the rights of thousands of priests to carry out their profession under Article 19 (1) (g) of the Constitution.

The Government Pleader submitted before the Court that the Government has not taken any decision to regulate or appoint priests for conducting the Karkidakavavu rituals. The Court was also informed that the State Police Chief has issued directions to District Police Chiefs to ensure the safety of devotees in the State during the Karkidakavavu festival.

The Court stated that the Devaswom Boards could regulate Karkidakavavu rituals performed in Temple properties under the Devaswoms. It further observed that rituals performed in public places like beaches must be regulated appropriately by the local self-governments.

The Court suo moto impleaded the State Police Chief to ensure the safety of devotees and others during the Karkidakavavu festival.

The Court instructed the police and district authorities to prioritize the safety of devotees, particularly given the adverse weather conditions in Wayanad and other districts affected by floods after taking into account of the ground realities. Additionally, the Court directed the authorities to prevent the exploitation of pilgrims through excessive charges by priests for performing the rituals.

Based on the above directions, the writ petition was disposed of.

The plea has been moved by Advocates R Krishna Raj, R Pratheesh (Aranmula), E S Soni, Sreeraja V, Laxmi Priyaa N P

Citation: 2024 LiveLaw (Ker) 489