The Court decreed that the customary practices will be allowed to continue during the festival set for January 15, 16, and 17, until it can thoroughly review and deliberate on the matter.
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KERALA: The Kerala High Court has granted permission to a family to continue their centuries-old tradition of offering cooked meat to a goddess in their private temple. This ruling came after Pushpalatha P, the eldest member of the family, filed a petition challenging restrictions imposed on their ritual.
The family’s ancestral home houses a private temple where they have been conducting the ‘Thirra Maholsavam’ festival for over 500 years. During this three-day event, they cook roosters and offer them as ‘prasadam’ to the deity, a practice they believe is integral to their tradition and has been followed for more than a millennium in various temples across the Malabar area in Kerala.
The petitioner argued,
“The rooster is a domestic animal, and no permission is necessary to kill and eat it in a house. In the same manner, the said ritual is conducted inside the Tharavadu of the petitioner, and there is no harm to any other person due to the said ritual.”
The plea highlighted a dispute within the family, where a member, allegedly affiliated with the state’s ruling party, sought control of the temple. This member had previously filed a civil suit to stop the rituals and later lodged a complaint with the Revenue Divisional Officer (RDO), leading to a prohibition on the ritual.
Justice Devan Ramachandran of the Kerala High Court observed,
“Until which time, though this Court is not interdicting Ext.P5, conventional offering of cooked meat will not stand restricted.”
The court directed the Station House Officer to ensure law and order during the festival, allowing the ritual to proceed without unlawful interference.
The petitioner, represented by advocates S K Adhithyan and Reuben Charly, contended that the ritual did not violate the Prevention of Cruelty To Animals Act or the Kerala Animals and Birds Sacrifices Prohibition Act, as it involved a domesticated animal and was conducted within a private setting. They asserted their right under Article 25 of the Constitution of India to freely practice their religion.
This case, represents a significant moment in the legal recognition of traditional practices and religious freedoms, particularly in the context of private family rituals. The court’s decision underscores the balance between cultural heritage and legal frameworks, reaffirming the right to maintain long-standing religious customs within private domains.
Advocates SK Adhithyan and Reuben Charly appeared for the petitioner.
Case title: Pushpalatha P v District Collector & Ors.
Case number: WP(C) 1702/2024.
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