A Public Interest Litigation (PIL) has been filed recently in the Kerala High Court seeking a ban on the participation of children in the performance of ‘Thee Chamundi Theyyam,’ a ritualistic dance in Kerala’s north Malabar area.
According to the petition filed by NGO Dhisha, it has been alleged that the ritualistic dance performance known as ‘Ottakolam Theyyam’, which is held by the Chirakkal Kovilakam and Chirakkal Temple Trust in connection with their annual function, involves the children being thrown to the embers a minimum of 101 times.
When the matter came up before the Division Bench of Justice Anil K. Narendran and Justice Kauser Edappagath on Tuesday, the Court asked the petitioner to file an application to include the Malabar Devaswom Board and the trustees of the temple where the dance performance was held as additional respondents.
The petition, filed by Advocate A.K. Preetha, claims that the practise is harmful to the youngsters who participate in the dance, as well as their right to life. It has also been said that the youngsters chosen to perform the Theyyam dance are often from marginalised scheduled caste and scheduled tribe communities, making the performance a “relic of the feudal past.”
“Selecting children as performers is a violation of their fundamental rights, is detrimental to their health and well-being,” the petition claimed.
The petitioner further stated that there are substantial risk factors for performing the dance because accidents and mishaps during the performance are prevalent.
It has been claimed that temple administrators provide no healthcare aid, even in crises. Aside from physical injuries, it has been claimed that the youngster may suffer psychological harm.
“Putting children through dangerous or demeaning rituals is bound to have a scarring effect on their psyche,” the petition further stated.
Furthermore, the petitioner claims that the designation of a performer and the necessity to do the ‘Thee Chamundi Theyyam’ cannot be considered an exercise of the basic right granted by Article 25 of the Constitution.
“Thee Chamundi Theyyam performance is not an integral part of religion and is subject to exceptions for public order, morality, health, and other fundamental rights,” the petitioner added.
The case has been listed for further consideration on May 22, 2023.
