Kerala High Court directs Kannur District Collector to ensure children do not take part in Thee Chamundi Theyyam

The Kerala High Court on Wednesday directed the Kannur District Collector to take steps to ensure that children do not take part in the performance of “Thee Chamundi Theyyam”, a customary dance that is prevalent in the northern region of Kerala [Dhisha v Union of India & Ors.]..A division bench of Chief Justice SV Bhatti and Justice Basant Balaji also directed the District Collector to get instructions on the arguments made in the petition which was filed challenging the involvement of children in such dance form..Theyyam is a traditional religious ritualistic practice in northern Kerala and the Thee Chamundi Theyyam is one among such forms of Theyyam..The public interest litigation (PIL) petition was filed by a non-governmental organization (NGO), Dhisha Foundation, contending that the children, who are selected for participating in the dance, are thrown to fire embers a minimum of 101 times, thereby affecting the children's well-being by compromising their very basic right to life."The same is violate of the constitutional guarantees and international covenants," the plea said.The plea stated that issue came to the forefront when a 14-year-old child was a performer in a Thee Chamundi Theyyam held by the Chirakkal Kovilakam and Chirakkal Temple Trust in connection with their annual function.“The High-Risk factor while performing the Thee Chamundi theyyam is such that the risk factor for the artists is very high as accidents and mishaps during the performance are common phenomena. On top of that, no health care assistance is ensured by the temple authorities to look into the health care needs of the artist, even in times of emergency. It is in this scenario children are used as performers,” the plea explained.The PIL submitted that the children selected to perform in said customary dance are from a backward community and are a relic of the feudal past.It pointed out that that other than physical damages, there can be also be chances for psychological damage to the child if they are put in such dangerous rituals.The NGO submitted that they had moved representations before the relevant authorities, including the Central and State governments but did not receive any response.Therefore, the petitioner approached the court seeking orders prohibiting the inclusion of children as performers in the Thee Chamundi Theyam dance and a declaration holding the same to be violative of the fundamental rights of children..The petitioner was represented by advocate AK Preetha..[Read Order]