[Sabarimala Entry] Kerala HC Rejected 10-yr-old Girl’s Plea

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The order was issued by a bench consisting of Justice Anil K. Narendran and Justice Harisankar V. Menon in response to a petition filed by 10-year-old Snigdha Sreenath from Bengaluru North, Karnataka.

KOCHI, KERALA: The Travancore Devaswom Board opposed the plea of a 10-year-old girl seeking permission for a pilgrimage to Sabarimala.

The Board stated:

“The remedies requested in the petition align precisely with one of the primary issues under review by the Supreme Court in the case of Kantararu Rajeevaru vs. Indian Young Lawyers Association. Given that the central point of contention in this matter is currently awaiting deliberation by a larger bench of the apex court, which has redefined the issues at hand, it would be inappropriate for the board to express any opinion at this juncture. The petitioner must await the final decision of the apex court on the matter.”

As per tradition, women aged between 10 and 50 years are not permitted to visit Sabarimala. A division bench dismissed the plea of the girl, stating that since the matter is pending before the Supreme Court, the petitioner cannot invoke the writ jurisdiction of the High Court.

The order was issued by a bench consisting of Justice Anil K. Narendran and Justice Harisankar V. Menon in response to a petition filed by 10-year-old Snigdha Sreenath from Bengaluru North, Karnataka.

She sought permission to visit the Sabarimala Sree Dharma Sastha Temple during the mandala pooja-makaravilakku season without insisting on an upper age qualification. Snigdha claimed that she had not yet attained puberty, thus arguing that there was no impediment to her pilgrimage.

According to her Aadhaar card, Snigdha’s date of birth is June 5, 2013. The petition, filed on November 27, 2023, was finally heard on April 5, with the judgment delivered in June.

Snigdha explained that her pilgrimage had been delayed due to the pandemic, resulting financial difficulties, and her father’s poor health.

Despite her father’s online application for pilgrimage being rejected on the grounds that Snigdha had exceeded the upper age limit of 10, he made a representation to the Travancore Devaswom Board on November 22, 2023, seeking permission for the pilgrimage.

The board argued that the writ petition aimed to permit Snigdha’s pilgrimage during the Mandalam-Makaravilakku festival season, which had already concluded, rendering the petition irrelevant. Snigdha subsequently amended her petition, seeking to undertake the pilgrimage during monthly pooja days, citing lower crowd levels compared to the festival season.

She contended that she was entitled to the pilgrimage during the forthcoming monthly poojas without the upper age limit restriction, given her prepubescent status. Snigdha also referenced a High Court order in S. Mahendran’s case, highlighting the longstanding custom at Sabarimala, where prepubescent girl children are allowed pilgrimage. The upper age limit of 10, she argued, was merely a matter of convenience.

The bench, however, dismissed Snigdha’s plea, underscoring the legal obligation of the board as trustees in managing devaswom properties, emphasizing the need for careful and cautious execution of their duties.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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