Kerala HC Directs Measures to Protect Children in Ritualistic Dance ‘Thee Chamundi Theyyam’

The Kerala High Court on Thursday directed the Secretary of the Department of Woman and Child Development to submit an affidavit outlining specific measures intended to prevent the compulsory involvement of children in the ritualistic dance performance, ‘Thee Chamundi Theyyam’.

A division bench of Chief Justice A.J. Desai and Justice V.G. Arun passed this direction while hearing a petition filed by an NGO, ‘Dhisha’. The plea sought to prohibit the engagement of children in the ritualistic dance performance, referred to as ‘Ottakolam Theyyam’, which is conducted in the north Malabar region of Kerala.

The NGO alleged that this dance performance, organized by the Chirakkal Kovilakam and Chirakkal Temple Trust as part of their annual event, subjects children to being thrown into embers at least 101 times. The issue came to light when a 14-year-old child was made to participate in the Theyyam performance in May 2023.

The petition, represented by Advocate A.K. Preetha, contended that this practice adversely impacts the well-being of participating children and infringes upon their right to life. Additionally, it was claimed that the children chosen for the Theyyam dance often hail from marginalized communities such as the scheduled caste and scheduled tribe, turning the performance into a vestige of the feudal past.

Chief Justice Desai asked why the Government could not issue directives to prevent children from being involved in such rituals. In response, the respondents’ counsel argued that Thee Chamundi Theyyam was a tradition associated with a specific sub-caste and that the child’s relatives are present during the ritual, suggesting that no harm would be caused to the child. The counsel also noted that an investigation was underway.

Advocate Preetha cited the National Policy on children, emphasizing that customs or traditions should not hinder the protection of children’s rights. The Court clarified that the ongoing investigation could continue but required the Secretary to submit an additional affidavit outlining the steps taken to prevent such incidents in the future.

“We also expect that before the date of the next hearing, concrete steps shall be taken by the respondent State. Give positive directions,” the bench remarked.

The matter is scheduled for further consideration in September 2023.