IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 SSCR.No. 2 of 2010 --------------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – BEGGERS CAUSING NUISANCE TO THE PILGRIMS – REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA – SUO – MOTU PROCEEDINGS INITIATED- REG. ............... PARTIES:- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.V. KRISHNA MENON, S.C, T.D.B. 2. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. LAKSHMI NARAYANAN. THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = S.S.C.R.No. 2 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of September, 2010. Order Thottathil B.Radhakrishnan, J. 1.This file relates to a report by the learned Special Commissioner, Sabarimala bringing to the notice of this Court in April, 2010 that during the last few monthly poojas at Sabarimala, it was noticed that a large number of persons were begging and were permitted to do so in the trekking path from Pampa to Sannidhanam and also on the premises of the Sabarimala temple. In our view, the learned Special Commissioner is right in stating that this causes lot of embarrassment to the pilgrims and even from the point of health, it is not congenial. While the Devaswom Board takes the stand that ladies between a particular age group cannot be permitted to go up SSCR2/10 -: 2 :- Sabarimala, we are surprised with the Special Commissioner reporting that it was noticed that a good number of children, including females and suckling babies are engaged in begging throughout the trekking path. It was also noticed by the learned Special Commissioner that suckling babies are exposed to heavy sunshine in the trekking path as part of begging. Child begging is an offence, points out by the learned Special Commissioner. He also reports to have personally brought it to the notice of the Superintendent of Police, Pathanamthitta and states that however no serious action is seen to have been taken to avoid the menace. The learned Special Commissioner also reports that it is revealed that there are persons who work as contractors and bring large number of beggars during the monthly poojas, more particularly, during Vishu and deploy them throughout the trekking path. He states that immediate action is required. SSCR2/10 -: 3 :- 2.The facts noted above, do not require any further elucidation to note that proper action has to immediately follow from the police and other officials in State administration. The act of begging individually or collectively would be hindrance to trekking. Beyond that is the fact that children are allegedly being put to beg affecting their fundamental rights. The primary duty of the State is to ensure that such challenged citizens are provided with State aid to protect their interest. It is a matter of record of this Court that in relation to different other festivals and places where people converge, including place of worship, directions had been issued by this Court touching the matter of begging. In so far as involvement of persons who group people for begging is concerned, they are essentially trafficking in human beings and thereby violating Article 23 of the Constitution. For the aforesaid reasons, it is hereby ordered SSCR2/10 -: 4 :- that the police officers having control over the area from Chalakkayam to Sannidhanam will ensure that there is no begging activity by any person in that area. It will also be ensured that any person found involved in bringing any person for begging is also dealt with, in accordance with law. The Director General of Police, the District Superintendent of Police, Pathanamthitta and the police officers subordinate to such officers, having jurisdiction over the area, will ensure that the directions contained herein are strictly enforced. The officers wielding the police power of the State under the Cr.P.C. and the Kerala Police Act, including the District Magistrate and Additional District Magistrate and all officers bestowed with that power having jurisdiction over the area will also enforce all applicable laws, to ensure that the directions contained herein are given effect to in letter and spirit, without any room for complaint. It is also clarified that any violation of the directions contained herein SSCR2/10 -: 5 :- will be taken as demonstrating, prima facie, dereliction of duty. The report is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/0409