Kerala High Court questions Devaswom Board on charging Sabarimala pilgrims for 'pottukuthal' ritual

The Kerala High Court on Friday questioned the Travancore Devaswom Board on whether it was imposing charges on pilgrims visiting Sabarimala temple for pottukuthal (applying Vibhuthi, Sindoor, or Chandanam) [Manoj S Nair & Anr. v. Travancore Devaswom Board].

A Division Bench of Justices Anil K Narendran and PG Ajithkumar was considering a petition challenging a tender notification issued by the Board which invites private entities to collect ₹10 per person at Erumeli, which is the main base camp for pilgrims.

The standing counsel for the Board informed the Court that it had acted only to prevent unauthorised persons from collecting exorbitant charges from pilgrims for pottukuthal. Two video clips were shown to the Bench showing such incidents. The counsel added that mirrors were placed at the location so that pilgrims can apply the vibhuti, sindoor, or chandanam by themselves.

The Bench orally emphasised that it would not allow the exploitation of pilgrims in any manner.

The petition was moved by two devotees of Sabarimala Lord Ayyappa seeking to quash two clauses in a tender notification issued by the Board in August this year, including pottukuthal as a tender item.

The petitioners contended that the notification was issued in anticipation of the upcoming Makaravilakk, Meda Vishu seasons when the temple is usually thronged with pilgrims.

However, in previous years, the Board's notifications did not include pottukuthal, which the petitioners contend is an essential customary religious practice. It was submitted that Ayyappa devotees customarily perform the traditional pettathullal dance, take a holy bath and then apply vibhuti, sindoor, or chandan on their forehead and other parts of the body.

The petitioners argued that earlier, this was available for free. When devotees used to put some money in the hundis (cash collection box) kept by the Board, it was done voluntarily. But according to the petition, in the last few years, some private persons had started to "assist" devotees with pottukuthal and charge them for the same. It is also stated that one of the petitioners had filed several complaints before the concerned authorities raising concerns regarding the exploitation of pilgrims by various private entities.

It is the petitioners' argument that the Board would have been better served if they had set up more spots for pilgrims for pottukuthal with hundis next to it instead of forcing pilgrims to pay ₹10.

They contended that forcing pilgrims to pay for this essential customary practice amounts to a violation of their constitutionally guaranteed right to freedom of religion as well as the duties of the Board as per the Travancore Cochin Hindu Religious Institutions Ac.

"In case, the Devaswonn Board is concerned about revenue, they could have placed hundis along with 'Sacred Ash/Sindoor/Chandanam' at the designated places to enable the devotees to make voluntary contribution as being done in almost all the temples in Kerala. The compulsory payment for enabling a devotee to apply Bhasma on his forehead in the temple managed by Devaswonn Board is clearly illegal and violative of religious rights guaranteed under the Constitution of India," the plea said.

The Court on Friday (October 4) asked the standing counsel of the board to inform it of whether pottukuthal is an essential religious practice and posted the matter for further hearing on October 8.

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

[Read Order]