Kerala High Court orders action against those illegally charging Sabarimala pilgrims for pottukuthal

The Kerala High Court today ordered the State's Travancore Devaswom Board to take action against private entities found illegally charging Lord Ayappa devotees visiting Sabarimala temple for the ‘pottukuthal’ (applying Vibhuthi, Sindoor, or Chandanam) ritual [Manoj S Nair & anr v Travancore Devaswom Board & ors].

A Division Bench of Justices Anil K Narendran and PG Ajithkumar made it clear that the Court would not tolerate any such instance of Sabarimala pilgrims being exploited.

“Exploitation of pilgrims who are on pilgrimage to Sabarimala to worship Lord Ayyappa cannot be permitted ... No devotee or Sabarimala pilgrim can be exploited by any person the based on any usage like the one stated in the order (pottukuthal)," the Bench observed.

The Bench has directed the Board to ensure that no such exploitation takes place in any of the temples under its management.

It pointed out that the Court has been monitoring edathavalams (temples) during the Makaravilakk festival season based on reports filed by the Special Commissioner, Sabarimala.

"It is for the Board to take necessary steps to ensure no illegal activity by any person is permitted inside the temple premises of either Erumeli temple or any of the temples under its management during Maasa Pooja and Mandala Magaram Velak," the Court ordered.

The Court was hearing a petition challenging a tender notification issued by the Devaswom Board earlier which allowed recognised private entities to collect ₹10 per person at Erumeli—the main base camp for pilgrims—for pottukuthal.

The petitioners, who were devotees of Lord Ayyappa, had argued that the tender notification permitting charges for ‘pottukuthal’ violated their constitutional right to religious freedom. They stated that this ritual has traditionally been performed freely by pilgrims, although they also had the option of giving free donations through hundis (cash collection boxes) kept at certain points.

In response to queries by the Court, the Board had earlier tried to justify its controversial tender invitation by submitting that it had acted only to prevent unauthorised persons from collecting exorbitant charges from pilgrims for pottukuthal.

Notably, the Board has now reportedly rolled back its tender and announced that pottukuthal will be provided by the Board free of cost. The Board had also announced that strict legal action would be taken against anyone found demanding a fee for conducting the ritual.

In response to a Court query, the Board today also clarified that pottukuthal, (which happens after 'pettathullal'/ sacred dance or after a holy bath in the Erumeli River) was not an essential religious ritual of the Erumeli temple.

However, it was an age-old practice which is followed as a matter of custom by Sabarimala pilgrims, the Board's counsel said.

The counsel added that three mirrors have been installed in locations like the Nadapanthal and Aanakott, with vibhuti, sindoor, or chandanam placed below the mirrors, to enable devotees to do the pottukuthal themselves.

The matter will be heard next on October 15.

The petitioners were represented by advocates Sajith Kumar V, Vivek AV, and Sreehari VS.