Kerala High Court rules mode of temple access not essential religious practice. Denies early opening of Sabarimala forest route for safety and conservation.
The Kerala High Court dismissed lawyer V. Shyamohan’s petition seeking early opening of the traditional Kanana Patha forest route to Sabarimala, ruling that the mode of accessing a temple cannot be construed as essential religious practice under Article 25. Justice Raja Vijayaraghavan and Justice K.V. Jayakumar held that while the Constitution guarantees religious freedom, it remains subject to public order, morality, health, and the State’s duty to safeguard lives and preserve the environment.
The 35-45 kilometer route passes through Periyar Tiger Reserve and dense forests inhabited by tigers, elephants, bears, leopards, and boars. Opening dates are fixed after coordinated consultation among District Collectors of Kottayam, Idukki, and Pathanamthitta and Forest Department officials, following the Tiger Conservation Plan. The Court referenced the 2011 stampede that necessitated the e-pass system and emphasized protecting wildlife and preventing ecological degradation.
The bench advised implementing carrying capacity limits, real-time monitoring systems, integrated control rooms linking TDB, Police, Health Services, Forest Department, and NDRF, and publishing crowd density data. It emphasized that protecting Periyar Tiger Reserve aligns with Sabarimala’s spiritual philosophy of Tat Tvam Asi, which teaches harmony between humans, nature, and spirituality. The Court concluded that darshan of Lord Ayyappa is the goal, while the travel mode is merely means to that end.
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