The Kerala High Court directed the authorities to keep close surveillance wherever “Thee Chamundi Theyyam” (a religious ritual and folk art form practised in northern Kerala) was carried out and take preventive action if information is received about the possibility of children participating in the Thee Chamundi Theyyam and shall also take stringent action in accordance with law.
The Division Bench of Chief Justice A.J. Desai and Justice V.G. Arun disposed of a Public Interest Litigation (PIL) filed by the NGO seeking an intervention to prevent the participation of children in the “Thee Chamundi Theyyam” .
Thee Chamundi is one among the various types of Theyyams, each with their own music, style and choreography. In Thee Chamundi Theyyam, the performer walks over and is sometimes dragged over burning coal
The petition was filed when it was reported that a 14 year old boy had performed as Thee Chamundi Theyyam in the Kaliyattam organised by the sixth respondent. The petitioner pointed out that there is every possibility of the performing children getting hurt and hence prayed that such type of performance, i.e., Thee Chamundi Theyyam by children should be prohibited.
Since the Malabar Devaswom Board is having a supervisory role and the Thee Chamundi Theyyam performance by a child was in the Perumkaliyattam organised by the Chirakkal Sree Chamundi Kottam Perumkaliyatta Mahothsava Committee, they were joined as additional respondents .
The Committee in response to the notice, initially tried to support the centuries-old performance, even if it is by a child, but ultimately filed an affidavit dated 12.01.2024 through its Secretary, making it clear that the said committee shall not allow children to perform the Thee Chamundi Theyyam.
Apart from the aforesaid affidavit, the State authorities have also filed a counter affidavit through the Secretary of the the Department of Women and Child Development. It clarified the State is bound to take utmost care of children and shall take appropriate action if any illegal activities like using of children in Thee Chamundi Theyyam is reported.
The Principal Secretary to Government, by communication dated 09.10.2023 addressed to all District Collectors and all DCPOs of Kannur Range, informed them about the public interest litigation and directed them to ensure that if practices violating the rights of children and compromising the health and safety of children are detected, the same shall immediately be reported and appropriate preventive action taken and a report submitted, if required.
The Senior Government Pleader has produced a communication dated 06.11.2023, sent by the District Collector, Kannur to the Principal Secretary, Women and Child Development Department informing about the compliance of the letter dated 28.10.2023. Another communication dated 20.01.2024 addressed to the District Police Chiefs and Sub Divisional Police officers of Kannur Range from the Deputy Inspector General of Police, Kannur Range is also placed on record, by which all Police officers within Kannur Range have been directed to take appropriate action if the instructions issued by the Principal Secretary and District Collector are not complied with.
The directions issued by the Deputy Inspector General of Police, Kannur Range to the District Police Chiefs and Sub Divisional Police Officers, Kannur Range, by which all Police officers have been directed to take appropriate steps are:-
1) Strict legal action shall be taken against the concerned whenever a complaint is received that children are compelled to perform “Theyyakolam” and associated rituals which are potentially harmful to their life and safety.
2) Whenever any such information is received that children are being compelled to perform Theyyams like “TheechamundiTheyyam” in temples as part of rituals, necessary notices shall be issued by the police to the concerned warning them of legal consequences in cases of violation of law.
3) Necessary instructions shall be given to the temple authorities and organizers to take necessary safety measures for public safety during the performance of such rituals and ensure the compliance of the same.
4) Awareness programmes shall be arranged for the temple authorities, organizers, performers and their family members to educate them regarding the health hazards and potential dangers when children are compelled to perform Theyyams like “Theechamundi Theyyam”.
5) A combined effort in co-ordination with Women and Child Development Department should be taken to create awareness among the organizers and devotees in this regard.
Considering the above facts and particularly the action taken by the State authorities, including the DIG, Kannur Range, which is part of the Northern Malabar area, the Bench opined that the matter can be disposed of.