A Public Interest Litigation (PIL) has been filed to impose a ban on the participation of the children in performing a ceremonial Dance also known as ‘Thee Chamundi Theyyam’ which is prominently performed in the region of North Malabar, Kerala.
The PIL is filed by a Dhisha Organisation which is one of the prominent NGOs working for the betterment of children’s welfare. It has been contended that the ritualistic dance ‘Ottakolam Theyyam’ conducted by the Chirakkal Kovilakam and Chirakkal Temple Trust on the occasion of their annual/yearly ceremony, the children being forcefully pushed over in the embers, 101 times minimum[1].
On Tuesday, the whole matter came up in the eyes of the Division bench which consists of Justice Anil K. Narendranand Justice Kauser Edappagath. The Hon’ble Court queried about the submission of an application to conduct a proceeding against the Malabar Devaswom Board and the trustees of the temple under which that specific ceremonial dance was conducted.
Advocate A.K. Preethastated via the plea he has filed that the practice that efficiently affects the natural life of the children’s participation in that ceremonial dance. Also, it has been contended that on a large scale, most children that are selected for the Theyyam dance, were often belong to the scheduled caste and scheduled tribe categories, which shows the act of feudalism as per ‘relic of the feudal past’[2].
The petitioner stated that the identity of a performer and the compulsion to perform the ‘Thee Chamundi Theyyam’ can’t be considered or treated as a practice of the fundamental rights under Article 25 as far as the Constitution of India is concerned. “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,” this was additionally subjected to the petitioner.
Written by- Anirudh Atul Garg, student at ILSR, GLA University, Mathura, 2nd Semester, an intern under Legal Vidhiya
[1] LIVE LAW, https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-thee-chamundi-theyyam-prevent-children-burn-injuries-psychological-damage-228909 (last visited 18th May 2023).
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