Donors Collecting Money From Sabarimala Pilgrims For Accommodation In Donor Rooms 'Legally Impermissible': Kerala High Court
Tellmy Jolly
20 Sep 2024 6:28 AM GMT
The Kerala High Court has made it clear that donor rooms at Sabarimala registered under individual donors can be used only by the donors themselves or their family members.
The Court further stated that donor rooms associated with trusts or organizations can be occupied by its trustees, office bearers and registered members on identity verification. The Court also stated that donors cannot transfer donor passes issued to them to other third parties.
Donor rooms are built with donations from donors, who can avail a 5 day free stay in their donor rooms. Also, they can stay for up to 10 days in a year by paying a prescribed amount.
The Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar directed the authorities to conduct regular inspections to ensure that the donors are not misusing donor passes to collect money from pilgrims.
“It is brought to the notice of this…that certain individuals/ organizations are offering accommodation in their donor rooms to the pilgrims, through WhatsApp groups, Facebook groups, etc., after collecting money from the pilgrims. We make it clear that such activities are legally impermissible at Sabarimala, which is a Special Security Zone. The Vigilance Wing of the Travancore Devaswom Board headed by the Chief Vigilance and Security Officer (Superintendent of Police) shall conduct periodical inspections in the Pilgrim Centres at Sabarimala Sannidhanam, in order to ensure that the donor passes issued by the Executive Officer, Sabarimala are not being misused by the respective donors, by collecting money from the pilgrims.”
The Court passed the order in a suo moto case based on the report filed by the Sabarimala Special Commissioner. The report mentioned the necessity for conducting verification of donor rooms.
The Court noted that per Section 15A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, the Travancore Devaswom Board is 'duty bound to establish and maintain proper proper facilities for the devotees in Sabarimala'. It also noted that as per Section 31, the Board has to ensure proper arrangements are made for the 'conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage.'
The Court stated that Sabarimala and its premises which are located in difficult forest terrain, prone to natural disasters, are declared as Special Security Zone under Section 83(1) of the Kerala Police Act, 2011. This is done to ensure a safe, secure and hassle-free pilgrimage for the devotees.
It also noted that the government has leased out land to the Travancore Devaswom Board to provide amenities to the pilgrims.
Court further observed that the Board constructed Pilgrim Centres at Sabarimala Sannidhanam from donations of the devotees. It went on to state that individual agreements are entered between the Board and these donors allowing them to avail a free stay of five days in donor rooms. Additionally, the Court noted that donors can stay in their donor rooms for ten days in a year on making payment of a prescribed amount. It stated that the donors are given a permissive occupation to their donor rooms only for those specified days and the key of the donor rooms will be with the authorities. It said, “For the remaining days, during Maasapoojas and Mandala-Makaravilakku festival seasons, the donor rooms will be allotted to the pilgrims, through the online booking facility provided by the Board.”
The Court stated that the donors were required to give their details to the Travancore Devaswom Board for carrying the Donor Verification Process.
The Court further noted that there was acute shortage of accommodation for pilgrims in Sabarimala Sannidhanam during the festival season. Thus, the Court emphasized that the available facilities must be used to benefit the pilgrims during the festival season. Court said, “The Board shall issue an advisory in the Virtual-Q platform that all donors of donor rooms in the pilgrim centres at Sabarimala Sannidhanam have to complete Donor Verification Process for availing donor passes during the next Mandala-Makaravilakku festival season.”
As such, the Court prohibited donors from issuing their donor passes to other third parties. The Court also stated that donors cannot give their rooms to pilgrims through WhatsApp groups or Facebook groups after collecting money from them.
Case Number: SSCR NO.26 OF 2024
Case Title: Suo Moto v State of Kerala
Citation: 2024 LiveLaw (Ker) 586
