Sabarimala : Kerala High Court To Pronounce Judgment On Plea Challenging Appointment Of Only Malayala Brahmins As Melshantis On Feb 27

The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar had reserved the judgment on August 23, 2023. The judgment which was to be pronounced today has been deferred and will be now pronounced on (Tuesday) February 27, 2024, at 4.15 PM.

The case of the petitioners was that they were eligible to be appointed as Melshanthis as per the notification issued by the Travancore Devaswom Board except for the condition imposed by the Board that the applicant shall belong to Malayala Brahmin hailing from Kerala. The writ petition stated that the State could not fix criteria for making appointments to the post of Melshanthi based on caste. The notification was thus challenged on the ground that it is violative of the fundamental rights guaranteed under Articles 14, 15 (1) and 16(2) of the Constitution of India.

Preveious Hearings

Advocate B G Harindranath, appearing for the petitioners contended that a qualified person, who is a Hindu and an idol worshiper, well versed in the mantras for performing poojas should be appointed as the Melshanthi irrespective of caste.

Renowned academician and former Director of the National Judicial Academy, Advocate Professor (Dr) Mohan Gopal, who appeared for the petitioners submitted that the criteria that Malayala Brahmins were only eligible to be appointed as Melshantis showcases casteism and untouchability. It was stated that core constitutional values were at stake and that Article 17 of the Constitution not only prohibits but also criminalizes untouchability.

On the other hand, Advocate J Sai Deepak submitted that the petition was filed on a false premise that appointment of an individuals as Melsanthis were a secular activity. Referring to Article 26 of the Constitution of India, it was argued that Sabarimala temple is a tantric temple with diverse traditions and peculiar practices. It was thus stated that insisting on selection of Malayala Brahmins alone amongst other Brahmins to the position of Melsanthis is not a caste based reservation, but a religious requirement.

Advocate Damodaran Namboothiri had submitted that the petition was not maintainable and has to be dismissed since this is a sampradaya followed since times immemorial. He further argued that necessary parties like the Tantri, Pandalam Royal Family and Travancore Devaswom Board has to be heard.

Advocate P B Krishnan argued that this was not a public interest litigation but certain individual grievances alone. It was also contended that the notification was issued based on the Apex Court order that Travancore Devaswom Board could not deviate from the existing guidelines unless a statute was enacted. It was stated that the rules since the beginning mandated that Malayala Brahmins be appointed as Priests and it would require a legislative exercise to make any changes.

Case Title: Vishnunarayanan v. The Secretary & Connected Cases

Case Number: WP(C) 26003/ 2017 & Connected Cases

Reports of previous hearings :

'To Say That Sabarimala Melshanthi Can Only Be A Malayala Brahmin Is Practice Of Untouchability' : Mohan Gopal Argues Before Kerala High Court

Malayala Brahmin Appointment As Sabarimala Melshanthi Part Of Tradition, Court Should Not Interfere : Intervenors Tell Kerala HC

Sabarimala : People For Dharma Urges Kerala HC To Not Interfere With Practice Of Appointing Only Malayala Brahmin As Priest