Suo Motu v. Guruvayoor Devaswom, Represented By Its Administrator
2018-06-25
DEVAN RAMACHANDRAN, P.R.RAMACHANDRA MENON
body2018
DigiLaw.ai
JUDGMENT : Devan Ramachandran, J. These cases call into focus a peculiarly consternating problem reportedly being faced by women devotees at the Guruvayoor Temple, which is under the administrative and supervisory control of the Guruvayoor Devaswom Board (hereinafter referred to as “the Board” for short). 2. These matters have been filed by different individuals, who are respectable citizens in various walks of life, making a common complaint that when they went to the Temple for 'darshan', each of them have had individual experiences amounting to harassment, intimidation and insult at the hands of the staff of the temple security force. Their primary allegation is that most of the personnel deployed for temple security, if not all of them, are men, who have no concern or regard for the personal dignity or safety of the women devotees and that they, in their assigned duty of controlling the crowd, pull, grope and push women unmindful of the fact that many of them are in advanced years of age and that the very fact of being in a queue, which contains large number of men is in itself extremely disquieting for them. 3. When these matters came to the notice of this Court, we took serious cognizance of the various allegations and concerns shown by the various petitioners and an order, dated 11.4.2018, was issued, which reads as under: “Admit. The learned Government Pleader takes notice for the 1st respondent. Sri. P. Gopal, the learned standing counsel takes notice for the 2nd and 3rd respondents. 2. This is the 4th matter of its kind, virtually exposing similar nature of grievance as to the highly objectionable behavioural syndrome of the temporary male security staff deployed by the Guruvayoor Devasom in pushing/pulling/groping the devotees, particularly the women devotees within the Nalambalam and mostly in front of the 'Sanctum Sanctorum' of the Guruvayoor temple. The atrocities meted out at the hands of the male employees of the Devaswom are allegedly outraging the modesty of the women devotees. 3. W.P.(C) No. 32796 of 2017 was filed by a male devotee raising general complaint with regard to the atrocious action on the part of the temporary staff deployed by the Devaswom inside the Nalambalam, virtually preventing entry to witness the deity in connection with 'Nirmalaya Darshan', necessitating filing of a complaint before the police in respect of various offences.
3. W.P.(C) No. 32796 of 2017 was filed by a male devotee raising general complaint with regard to the atrocious action on the part of the temporary staff deployed by the Devaswom inside the Nalambalam, virtually preventing entry to witness the deity in connection with 'Nirmalaya Darshan', necessitating filing of a complaint before the police in respect of various offences. A counter affidavit has been filed by the Devaswom simply denying the averments which made us to pass interim order on 04.12.2017, also directing the Devaswom to file an affidavit giving particulars as to the engagement of security staff and in particular, whether they are temporary or permanent and such other relevant aspects with regard to the crowd management in the 'Corridor' and 'Sopanam' of the Temple. 4. Pursuant to this, an affidavit dated 13.12.2017 has been filed by the Devaswom giving the deployment details which was prima facie found grossly inadequate. The matter is still pending. 5. While so, a sexagenarian woman devotee approached this Court by filing W.P.(C) No. 6058 of 2018, referring to the bitter experience she had to face on 13.12.2017 at the hands of the male security staff within the Naalambalam of Guruvayoor temple, virtually pushing/pulling/dragging her, causing severe embarrassment and agony, without any regard to her age and health condition and as to the inaction on the part of the Devaswom in taking appropriate action in the complaint preferred by her. As per interim order dated 22.02.2018, we alerted seriousness of the issue and required the Devaswom to file an affidavit. The Devaswom has filed a counter affidavit, virtually denying the allegations; however conceding that the Devaswom has altogether appointed 73 male security staff and 6 female security staff; among whom 15 male and 6 female security staff are deployed for duty at Sopanam and the remaining 58 male security staff are deployed for duty in other parts of the temple. 6. The alleged atrocities at the hands of the male security staff of the Devaswom within the Nalambalam was further brought to the notice of this Court as per the complaint dated 29.01.2018 forwarded by Dr. Priyarenjini Sarasamma, a Consultant Neurologist of Ernakulam with specific reference to the bitter experience faced by her on 28.01.2018. This led to registration of DBP No. 14/2018 and here again, the Devaswom has filed a counter affidavit denying the allegation. 7.
Priyarenjini Sarasamma, a Consultant Neurologist of Ernakulam with specific reference to the bitter experience faced by her on 28.01.2018. This led to registration of DBP No. 14/2018 and here again, the Devaswom has filed a counter affidavit denying the allegation. 7. This time, it is the turn of a lady lawyer of this Court, who has explained the facts and figures and the callous inaction on the part of the Devaswom in giving attention to the grievance projected by her way back on 20.08.2016 [nearly 1 ½ years ago] by way of Ext.P1, which was sent by registered post and served upon the Devaswom. The petitioner is constrained to approach this Court in view of the latest episode witnessed by her inside the Nalambalam on 24.02.2018. The petitioner lawyer/party-in-person submits that she had to face similar instances earlier as well, besides witnessing similar instances herself at 3 or 4 times. The lethargy on the part of the Devaswom is liable to be deprecated and acted upon, to provide appropriate remedial measures, submits the petitioner. 8. The learned standing counsel for the Devaswom submits that only three female employees have been deployed within the Nalambalam; [2 at Sopanam and one at the northern gate], conceding that they are not permanent staff, but temporary employees. It is stated that a permanent male staff has been deployed at the Mandapam and two near the Sreekovil. Considering the heavy rush and number of devotees who are visiting the Guruvayoor temple, even by the farthest stretch of imagination, it is not possible to think that the number of employees deployed by the Devaswom, particularly, woman security staff engaged by the Devaswom within the Nalambalam is sufficient to manage the crowd; more so when the women devotees outnumber the other. The grievances and the alleged atrocities are mounting, which is alarmingly high and this Court is of the prima facie view that it is high time to intervene to an appropriate extent to meet the need of the hour. We find it appropriate to direct the respondents 2 and 3 to ensure that no pushing/pulling/gropin of woman devotees by any of the male employees [whether permanent or temporary], does take place in the temple. It is ordered accordingly. 9.
We find it appropriate to direct the respondents 2 and 3 to ensure that no pushing/pulling/gropin of woman devotees by any of the male employees [whether permanent or temporary], does take place in the temple. It is ordered accordingly. 9. The learned standing counsel for the Devaswom submits that because of the heavy crowd, it may require to persuade the devotees, who are standing in the queue, to proceed further without concentrating in front of the sanctum sanctorium, so that other devotees also get a 'darshan' of the deity. However, this cannot be a green card for the male employees, deployed by the Devaswom to push/pull/grope women devotees. Despite the large crowd, if the necessity of deploying sufficient number of permanent woman employees is not realized by the Devaswom, it is the fault of the Devaswom, for which no blame can be put on anybody else. 10. The learned standing counsel submits that the Devaswom has taken a tentative decision to request some voluntary organizations to make available sufficient number of women volunteers, to be deployed inside the temple premieses to manage the crowd. We are not much impressed with the said submission. 11. In the said circumstances, we direct the respondents 2 and 3 to deploy sufficient number of women permanent staff for the crowd management duty within the temple premises, particularly within the Nalambalam. If dearth of sufficient women staff is felt by the Devaswom, the requisite extent shall be reported forthwith to the District Police Chief, to make available sufficient number of Hindu Women Civil Police Officers to be deployed in the temple premises to manage the crowd. On getting intimation in this regard, it shall be acted upon by the District Police Chief, who shall make available sufficient number of Hindu Women Civil Police Officers to cater to the requirement. They shall do the duty strictly following all Temple rituals and instructions to be given by the Administrator of the Devaswom. This is purely a provisional arrangement and subject to further orders to be passed on completion of the pleadings by the Devaswom. So as to facilitate such exercise, the State Police Chief and the District Police Chief, Thrissur are suo motu impleaded as the additional 4th and 5th respondents in the party array. The learned Government Pleader has taken notice on their behalf.
So as to facilitate such exercise, the State Police Chief and the District Police Chief, Thrissur are suo motu impleaded as the additional 4th and 5th respondents in the party array. The learned Government Pleader has taken notice on their behalf. Post along with D.B.P. No. 14 of 2018 and connected cases after the Summer vacation.” 4. Pursuant to the directions in the order afore extracted, the Guruvayoor Devaswom Board has now filed a counter affidavit in one of the writ petitions namely, W.P.(C) No.12926 of 2018, wherein they say that sufficient arrangements have now been made by them to deploy women security staff inside and outside the temple to ensure effective but sensitive crowd control measures, specifically in relation to women devotees and children. The Board has placed on record the minutes of the Board dated 11.4.2018, wherein it has been resolved to deploy six additional women personnel inside the temple on the southern side of the 'Namaskara Mandapam' and on the northern side of the 'Sopanam' so that the crowd of devotees, which comprises of both men and women, can be effectively controlled and managed with the aid of other men security staff. 5. When this matter was taken up today, the learned counsel appearing for the parties and Smt. Jayasree Manoj, a learned counsel of this Court appearing in person very fairly submitted that the present steps taken by the Board, as indicated in their resolution referred above, have been of great help and assistance to the scores of women and children devotees. They say that consequent to the implementation of the decisions contained in the minutes aforementioned, their 'darsan' has been marked by a greater amount of peace and tranquility and that the earlier distressing instances, mentioned in these cases, have been taken care of substantially, if not fully. The learned counsel for the various petitioners and Smt. Jayasree Manoj, therefore, submitted that as long as the arrangement now adopted by the Board, as recorded in Ext.R3(a) minutes dated 11.4.2018, is implemented, their concerns would stand allayed, but adds that they apprehend that once these cases are closed by this Court, the Board would go back to their old ways and remove the women security staff, thus taking the whole issue back to square one. 6.
6. Smt. Jayasree Manoj, the petitioner appearing in person additionally brings to our notice that she has prayed for three more reliefs in her writ petition, namely W.P.(C) No.12926 of 2018. She says that there is dearth of water in the queue complex and that the fans installed on its roof are inefficient and sometimes even turned off for reasons that are not discernible. She also asserts that since complaints against the Board have been allegedly arising on a regular basis, a full-time Ombudsman, in the line of the learned Ombusman appointed for Travancore Devaswom Boards, be appointed for the Guruvayoor Devaswom Board also, to oversee and modulate such grievances in future. 7. We have considered the afore submissions of Smt. Jayasree Manoj with great care and assiduity. 8. As regards the appointment of an Ombudsman for the Board is concerned, we are afraid that this issue is no longer res integra on account of the judgment of another Division Bench of this Court in D.B.P. No.139 of 2013 and W.P.(C) No.32139/2013, a copy of which judgment has been placed on record as Ext.R3(C), along with the counter affidavit filed by the Board in W.P.(C) No.12926/2018. As is perspicuous from the said judgment, the specific question as to whether an Ombudsman is required to be constituted for the Guruvayoor Devaswom Board was considered by the Bench and the conclusions and holdings of the Bench against such a requirement is available in paragraph 3 of the said judgment, which we think requires to be read in full and is, therefore, extracted as under: “Onto the leftover issue as to whether there should be an Ombudsman for Guruvayur Devaswom, we are of the view that having regard to the structural frame of the Guruvayur Devaswom Act and the deep and perversive control that the Government of Kerala has, including in the budgeting mechanism of Guruvayur Devaswom, and availability of an officer not below the rank of Deputy Collector as the Administrator of Guruvayur Devaswom and the fact that the Government Secretary dealing with Devaswom Department has always a supervisory gaze on the activities of Guruvayur Devaswom, we think that it will not be worthwhile for us to insist on an Ombudsman being appointed for Guruvayur Devaswom.
This notwithstanding, we also see that no critical issue of grave importance as had prompted this Court to appoint an Ombudsman for Travancore and Cochin Devaswom Boards, is demonstrated in these cases. Hence, the request of the petitioner for a direction to appoint Ombudsman for Guruvayur Devaswom is declined.” In view of the inescapable conclusions in the judgment afore extracted, we do not deem it necessary to consider this prayer made by Smt. Jayasree Manoj any further. 9. However, as regards the requirement and need of drinking water for the devotees waiting in the queue complex is concerned, it certainly is a matter that should obtain the attention of the competent Authorities of the Board immediately. We are, of course, aware that the submissions of Sri. Gopal, the learned Standing Counsel for the Board, is that drinking water is regularly provided in the queue complex and that fans are also adequate and functioning effectively, covering the entire complex, with no further need or requirement being established or demonstrated by the petitioners. 10. Even though we hear the submissions of Sri. Gopal as above, we are of the view that this is not an issue that should be taken by the Board in an adversarial sense. What the petitioner has voiced before us is a matter of concern for all the devotees and not something that is confined to her individually, and it should, therefore, be treated by the Board to be for the greater and larger interest of the devotees, when requirements of such basic facilities and requirements and placed before them. When a devotee complaints that there is dearth of drinking water and that the fans are not effective, it certainly is a matter that the Board will have to take into account, when they decide upon the adequacy of the facilities in the temple for the devotees, from time to time. 11. In summation, we order the D.B.P. and the writ petitions recording that the Board have already taken steps to deploy six additional women security personnel inside the temple for effective crowd control, including that of women devotees and that there is, at least for the moment, no subsisting grievance for the petitioners on this count. 12.
11. In summation, we order the D.B.P. and the writ petitions recording that the Board have already taken steps to deploy six additional women security personnel inside the temple for effective crowd control, including that of women devotees and that there is, at least for the moment, no subsisting grievance for the petitioners on this count. 12. It is needless to say that the arrangement now put in place by the Board through Ext.R3(a) minutes, produced along with the counter affidavit in W.P.(C) No.12926/2018, will continue to be implemented, with liberty to them to increase such number of personnel in future, as and when the exigencies are felt for such increase. However, we make it clear that the strength of women security staff cannot be reduced from the present number by the Board for any reason and that this arrangement will continue perpetually, until such time as orders are obtained from this Court in modification of the same. 13. As regards drinking water and fans in the queue complex is concerned, we direct the Devaswom Board to take apposite and necessary decisions in these matters, taking into account the requirements of the devotees from time to time and by suitably augmenting infrastructural facilities, as are found necessary in future. The D.B.P. and the Writ Petitions thus stand ordered.