Keep Check On Fitness Of Dollies And Exploitation: Kerala HC Issues Guidelines For Secure Cane Chair Services For Pilgrims At Sabarimala

 The Kerala High Court has issued a slew of directions for safe and secure dolly services for pilgrims at the Sabarimala Temple including check on fitness of dollies and exploitation practices.

The Court was considering a suo-moto matter in the report filed by the Special Commissioner, Sabarimala regarding an incident that happened at Sabarimala during Maasapooja. 

The division-bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed, "Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this SSCR.......The 2nd respondent Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path......."

The respondent State was represented by Advocate General G. Biju.

The report has been filed in an incident that on 15.07.2024 at 3.30 p.m., during Maasapooja during which a pilgrim fell down from the dolly and sustained injuries near the Nadapanthal at Sannidhanam. He was taken to the Government Hospital at Sannidhanam. After giving first-aid, he was shifted to Pamba in an ambulance. Later, he was taken to Kochi for further treatment. 

The Court has also ordered the Secretary of the Travancore Devaswom Board to file an affidavit explaining the procedure that is being followed at Sabarimala regarding registration of dolly workers, issuance of identity cards for such workers, issuance of fitness certificates for the dolly used for carrying the pilgrims through the trekking path from Pamba to Sannidhanam and also the measures, if any, taken by the Board to ensure that the dolly workers are not exploiting the pilgrims by demanding exorbitant amounts.

When the report came up for consideration in August this year, Standing Counsel for Travancore Devaswom Board, on instructions, submitted that for streamlining dolly service at Sabarimala, a meeting of the Board was convened and a decision was taken to authorise the Chief Vigilance and Security Officer (Superintendent of Police) to submit a proposal for the implementation of a pre-paid payment system for dolly charges, registration, providing QR code and RFID scanning for dolly service.

The Court then directed the Executive Engineer to conduct a physical inspection of the dollies with the assistance of the additional Assistant Engineer and submit a preliminary report. 

The Court discussed the Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds and highlighted the duties of the board as per it.

The Court pointed out that as per the Chief Police Coordinator, the use of dilapidated dollies by the dolly workers, without proper maintenance, is the reason for such incidents. 

"In order to avoid such incidents in future and to ensure the safety of pilgrims using dolly service, the concerned Engineer in the Maramath Wing of the Board has to be instructed to inspect the dollies before every Maasapoojas and Mandala Makaravilakku Seasons and issue fitness certificates. In addition to that,\ physical fitness certificates of dolly carriers may also be ensured by the Board, for the safety of pilgrims. The life span of every dolly used at Sabarimala has to be fixed and the dollies have to be destroyed after the completion of the fixed life span," the court observed.

The Court thus after considering the pleadings and materials on record and also the submissions made at the Bar issued suitable directions which included ensuring the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season and prevention of any exploitation of the pilgrims by the dolly workers.

Cause Title: Suo-Moto vs. State of Kerala (2024:KER:74285)

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