Kerala High Court Upholds Restrictions on Traditional Sabarimala Route for Ecological and Safety Reasons

Court dismisses petition challenging delay in opening forest route, emphasizing environmental conservation and public safety.

In a significant ruling, the Kerala High Court has dismissed a writ petition filed by V. Shyamohan, challenging the delay in opening the traditional forest route, known as the Kanana Patha, for the Sabarimala pilgrimage. The court upheld the restrictions imposed on the route, citing environmental conservation and safety concerns as paramount.

The petitioner, a lawyer and devout follower of Lord Ayyappa, argued that the deferment of the route's opening infringed on his religious freedoms, as it prevented him from undertaking the customary trek to the temple. He contended that the lack of timely notification from the Travancore Devaswom Board and the Forest Department caused inconvenience to devotees like him, who had secured e-passes for the pilgrimage.

However, the court, comprising Justices Raja Vijayaraghavan V. and K.V. Jayakumar, ruled that the protection of the Periyar Tiger Reserve, through which the route passes, takes precedence over individual convenience. The judgment emphasized that the traditional route traverses an ecologically fragile area with significant biodiversity, necessitating strict regulation to prevent ecological degradation and human-wildlife conflict.

The court noted that the route's opening is synchronized with the temple's opening for the Mandala-Makaravilakku season, following consultations with district authorities and the Forest Department. It highlighted that past tragedies, such as the 2011 stampede, underscored the importance of crowd management and safety measures, justifying the restrictions imposed.

The judges further clarified that the right to practice religion under Article 25 of the Indian Constitution is subject to reasonable restrictions based on public order, morality, and health. They asserted that while the traditional route holds cultural significance, it is not mandated by religious scripture, and alternative routes to the temple are available.

The court advised the Travancore Devaswom Board to determine and notify the carrying capacity of the traditional route and other pilgrimage areas, ensuring compliance with safety and environmental standards. It also recommended the use of technological systems for real-time monitoring and advisories to manage pilgrim access effectively.

In dismissing the petition, the court reiterated the necessity of coordinated action among multiple departments to ensure the safety of pilgrims and the preservation of the Periyar Tiger Reserve's ecological integrity.

Bottom Line:

Regulation and restrictions on access to ecologically sensitive areas for religious pilgrimages are justified to ensure public safety, wildlife conservation, and ecological preservation.

Statutory provision(s): Articles 14, 25 of the Constitution of India, Environmental Law - Precautionary Principle

V. Shyamohan v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2809500