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2015 DIGILAW 1683 (KER)

George v. Executive Officer, Sabarimala

2015-12-15

ANU SIVARAMAN, T.B.RADHAKRISHNAN

body2015
ORDER : T.B. Radhakrishnan, J. 1. The consideration and decision through this order relates to different issues relating to optimal ecological and environmental balancing of matters relevant to pilgrimage to Sabarimala, treated as a holy endeavour by the believers. Heard the learned Special Government Pleader for the Department of Forests, the learned Senior Government Pleader appearing on behalf of the High Power Committee and the Nodal Officer of the Punyam Poomkavanam Project and the respective learned standing counsel for the Kerala State Pollution Control Board, Travancore Devaswom Board and the Cochin Devaswom Board as well as the learned amicus curiae for the Ombudsman for Travancore and Cochin Devaswom Boards. 2. This order is in furtherance of the order dated 10.12.2015 in relation to the report dated 27.11.2015 of DIG of Police and Nodal Officer of Punyam Poomkavanam project. That order reads as follows: "Read report dated 27.11.2015 of the DIG of Police and Nodal Officer for Punyam Poonkavanam Project. In so far as issues relating to the matters stated in his report as regards Sabarimala Sannidhanam, Erumeli, Nilakkal, Pampa and trekking path are concerned, the Travancore Devaswom Board has constituted a committee comprising of the Devaswom Commissioner, Devaswom Chief Engineer (General), Sabarimala Executive Officer, Executive Engineer, Pampa and Public Relations Officer to augment the requirements of Punyam Poonkavanam Project as required by the Nodal Officer. Keeping aside the suggestion of the Nodal Officer for extending Punyam Poonkavanam Project to other temples under the Travancore Devaswom Board and Cochin Devaswom Board for the time being, it is directed that the aforesaid committee mentioned of in the communication No. R.O.C. No. 13728/12/Saba dated 4.12.2015 issued by the Secretary, Travancore Devaswom Board to the Devaswom Commissioner shall do everything that is required to facilitate the activities of Punyam Poonkavanam Project. For that matter, the said committee will discuss all relevant issues as and when necessary and required by the DIG, who is the Nodal Officer for the Punyam Poonkavanam Project. Such discussions will be aimed at decisions on consensus so that the project can be effectively taken forward for better management of the precincts of the temples and also other areas where the said project has been effectuated." 3. On the basis of the submissions on behalf of the appearing stake holders, we have taken stock of the ground realities. 4. On the basis of the submissions on behalf of the appearing stake holders, we have taken stock of the ground realities. 4. Segregation of plastic to exclude plastic materials being brought to Sabarimala Sannidhanam and Pampa and other important places in connection with Sabarimala pilgrimage has to be obtained by segregating at source. Contextually, it needs to be noted that different articles like camphor, turmeric, other powders and materials which are used in the holy irumudies, which are carried by the pilgrims, are made available in the commercial sense in plastic covers. It was not as if plastic was the traditionally prescribed material in which such articles of use in connection with rituals were to be carried. It became the order of the day with plastic holding sizable portion of the packing materials which were being used with passage of time. As is evidenced through the different reports and materials on record in this case and as noted through information available in public domain, the menace of plastic has necessarily to be curtailed. 5. The Punyam Poomkavanam Project of segregation and classification of biodegradable and non-biodegradable materials for waste management is aimed at the aforenoted purpose. Giving a comprehensive consideration, it is noted that a cohesive management of the segregation of biodegradable and non-biodegradable waste can be given effect to, only if plastic is excluded from among the packing materials while holy irumudies are prepared by the pilgrims for being carried reverentially to the Sabari hill top. If 'Punyam' or betterment in its multitude facets is the expectation of a pilgrim from 'Poomkavana Nadhan' that is 'Sree Dharmasastha Ayyappan of Sabarimala' the holy Pampa has to be treated with such care as has to be extended to a mother and the glorious Sabari hills have to be given the paternal status. Reverential prayers have necessarily to be coupled with purity; not only in words and thoughts; but also in deeds which obviously insist on cleanliness and purity of one's own precincts being maintained. The participation in the Punyam Poomkavanam project is an opportunity for the pilgrims and others who come to Pampa and Sannidhanam, that would enthuse every such person to attain laudable bench marks in one's own evolution as a better human being. 6. The participation in the Punyam Poomkavanam project is an opportunity for the pilgrims and others who come to Pampa and Sannidhanam, that would enthuse every such person to attain laudable bench marks in one's own evolution as a better human being. 6. Responsible existence is needed not merely for the future of the human beings, but for the future of Earth, which is the home of all animals, birds, vegetations and other living beings; as also, the seat of the non-living objects as well. See for support, the decisions of the Apex Court in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534 and in Animal Welfare Board of India v. A. Nagaraja & Ors. 2014 (2) KLT 717 (SC) : (2014) 7 SCC 547 . The ultimate management of one's life has necessarily to be with a vision of universal citizenship. Universal citizenry is a vision to be in concordance with all the core values and principles of reasonable and responsible existence of human beings in the society, who belong to the biological identification as 'homo sapiens'. 7. Holistic management of the part of Earth called India; is conceived, prescribed and required to be governed by the Constitution of India and the laws made thereunder. The effectuation of the principles of law noted hereby is to be attained through a proper operationalisation of the Directive Principles of State Policy, the Fundamental Duties of citizens and the Fundamental Rights; understood and applied, having regard to the different managerial tools available within the Constitution of India for collective existence as a Nation. 8. Article 51A of the Constitution of India ordains that it shall be among the Fundamental Duties of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers and wild life, and to have compassion for living creatures. It shall also be the duty of every citizen to safeguard public property and to abjure violence. Every citizen has the Fundamental Duty to strive towards excellence in all spheres of individual and collective activity so that the Nation constantly rises to higher levels of endeavour and achievement. It is also the Fundamental Duty of every citizen to value and preserve the rich heritage of our composite culture. Every citizen has the Fundamental Duty to strive towards excellence in all spheres of individual and collective activity so that the Nation constantly rises to higher levels of endeavour and achievement. It is also the Fundamental Duty of every citizen to value and preserve the rich heritage of our composite culture. The concept of higher levels of endeavour and achievement spoken of while laying down the Fundamental Duties through Art. 51A cannot be achieved, if the material resources of the community are not properly preserved and utilised to sub-serve the common good. Preservation of material resources includes the requirement to protect and improve the natural environment, including forests, lakes, rivers and wild life. It is also the Fundamental Duty of citizens in terms of Chapter IV A of the Constitution of India to develop humanism and the spirit of inquiry and reform along with scientific temper. The concept of reformation indicated as part of the Fundamental Duties is the reformation of the individual; because, that alone can lead to the reformation and transformation of the immediate society of that citizen and pave way to the reformation of the Nation as the whole, in its forward march to excellence in all spheres of individual and collective activity. The intricate connection between the pebbles of wisdom embodied as part of the Directive Principles of State Policy and the prescriptions as to Fundamental Duties run hand in hand. This is best demonstrated here. While Art. 48A among the Directive Principles of State Policy notifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country, the corollary Fundamental Duty is prescribed in clause (g) of Art. 51A making it obligatory on every citizen to protect and improve the natural environment, including forests, lakes, rivers and wild life. The laws relating to forests and environment unequivocally show that legislative measures have been taken in relation to such subjects. It is the Fundamental Duty of every citizen to abide by the Constitution and respect its ideals and institutions, the laws on land are to be respected; the citizens have to abide by them and to regulate their commissions and omissions in accordance with such regulations. It is the Fundamental Duty of every citizen to abide by the Constitution and respect its ideals and institutions, the laws on land are to be respected; the citizens have to abide by them and to regulate their commissions and omissions in accordance with such regulations. All such principles have to be given effect to in their fullest effect in practice, if the Sabari hills which are part of the Periyar Tiger Reserve and the flora and fauna of that area are to be sustained and preserved. So speaking from the constitutional domain of the extraordinary prerogative jurisdiction which obliges us to do so in the realm of a matter relating to the voiceless flora and fauna; as also, the environment in general. We say this here and now hoping that 'Nature' would pardon the lethargy of all concerned to protect 'Her' and excuse her moieties and children from 'Her' wrath. 9. Having regard to what is aforesaid, we are of the view that an immediate minimum requirement is that plastic does not reach Sabari hills from other sources. Therefore, one small measure that can be taken is to ensure that plastic packing materials do not flow into the Sabari hills or its precincts as part of holy irumudies or other materials which the pilgrims would carry in the course of their pilgrimage to Sabarimala Sannidhanam. 10. To obtain the aforesaid bench mark, the Travancore Devaswom Board, Cochin Devaswom Board, Malabar Devaswom Board, Guruvayur Devaswom and Koodalmanikyam Devaswom are directed to forthwith ensure that the use of plastic packing materials to hold the objects like camphor, turmeric and other materials in the holy irumudies are effectively controlled and, If possible, curtailed. Whenever and wherever filling of irumudikkettu, that is irumudi nirakkal, which is a holy activity, is carried out in any of the temples under the different Boards or under its control, including controlled establishments, the instructions that would be imparted to the pilgrims in all politeness by those institutions shall include the requirement to exclude plastic in any form, even as disposable bags and also as different materials which they may carry for the purpose of the pilgrimage. The use of biodegradable materials which could be alternatives, could also be considered for being made available in the temples to the extent it is found feasible and possible within the financial limits of the controlling institutions. The use of biodegradable materials which could be alternatives, could also be considered for being made available in the temples to the extent it is found feasible and possible within the financial limits of the controlling institutions. The aforesaid directions shall be given effect to in letter and spirit by the different Devaswom Boards and authorities. It will also be open to the District Administrations of all the Districts in the State of Kerala to ensure that the Devaswom Board authorities are alerted to carry out the aforesaid directions. Insofar as the pilgrims coming from outside State of Kerala are concerned, it is necessary to alert the well-meaning pilgrims who come from other parts of India and elsewhere that it is necessary to exclude plastic from Sabari hills and its precincts. The State of Kerala and the T.D.B. will continue with its efforts in liaison with the authorities, including Devaswom authorities in the sister States to effectively spread the message that is sought to be put in place through the Punyam Poomkavanam project. Issue copy of this order to the learned Special Government Pleader for the Department of Forest, learned Senior Government Pleader, the learned standing counsel for the K.S.P.C.B., T.D.B., C.D.B., M.D.B., Guruvayur Devaswom and Koodalmanikyam Devaswom and also to the learned amicus curiae for the Travancore and Cochin Devaswom Boards.