Plea In Kerala High Court Seeks Ban On Children Performing 'Thee Chamundi Theyyam' Ritual Dance

A petition in the nature of a Public Interest Litigation (PIL) has been filed in the Kerala High Court seeking a ban on the participation of children in the performance of ‘Thee Chamundi Theyyam’, a ritualistic dance in north Malabar region of Kerala. 

In the plea filed by NGO Dhisha, it has been 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.

When the matter came up before the Division Bench comprising Justice Anil K. Narendran and Justice Kauser Edappagath on Tuesday, the Court asked the petitioner to file an application to implead the Malabar Devaswom Board and the trustees of the temple under which the dance performance was conducted, as additional respondents.

The plea filed through Advocate A.K. Preetha avers 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. 

The petitioner has also submitted that there are high risk factors for performing the dance as accidents and mishaps during the performance is a common phenomena. It has been alleged that no healthcare assistance is ensured by the temple authorities, even for emergencies. Apart from the physical damages, it has also been alleged that there could be high chances for psychological damages to the child. "Putting children through dangerous or demeaning rituals is bound to have a scarring effect on their psyche," the plea further states.

Additionally, the petitioner has averred that the identification of a performer and compulsion to perform the 'Thee Chamundi Theyyam' cannot be treated as an exercise of the fundamental right guaranteed under Article 25 of the Constitution. "The performance of Thee Chamundi Theyyam is not an integral part of religion and is subject to the exceptions of public order, morality, health and other fundamental rights," the petitioner adds. 

The matter has been posted for consideration on May 22, 2023. 

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

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