The Kerala High Court on Wednesday directed the Kannur District Collector to take necessary measures to prevent the participation of children in “Thee Chamundi Theyyam,” a traditional dance prevalent in the northern region of Kerala.
A division bench comprising Chief Justice SV Bhatti and Justice Basant Balaji also instructed the District Collector to seek instructions regarding the arguments presented in the petition that challenges the involvement of children in this dance form.
Theyyam is a customary religious ritual practiced in northern Kerala, and Thee Chamundi Theyyam is one of its various forms.
A public interest litigation (PIL) petition was filed by Dhisha Foundation, a non-governmental organization (NGO), asserting that children selected to participate in the dance are subjected to being thrown into fire embers a minimum of 101 times, thereby jeopardizing their well-being and infringing upon their fundamental right to life.
“The same is violate of the constitutional guarantees and international covenants,” the plea stated.
The petition highlighted an incident involving a 14-year-old child who performed Thee Chamundi Theyyam during the annual function organized by Chirakkal Kovilakam and Chirakkal Temple Trust. It emphasized the high risk associated with the performance, as accidents and mishaps are common, without any provision for healthcare assistance by the temple authorities in case of emergencies. The plea explained that children are used as performers under these circumstances.
The PIL further argued that the children chosen for such customary dances belong to a socially disadvantaged community and are a remnant of the feudal past. It emphasized that apart from physical harm, there is a possibility of psychological damage to the child due to their involvement in such perilous rituals.
The NGO stated that it had made representations to the relevant authorities, including the Central and State governments, but did not receive any response.
Therefore, the petitioner moved the High court seeking an order to prohibit the inclusion of children as performers in Thee Chamundi Theyyam and a declaration declaring such practice as a violation of children’s fundamental rights.
