In a significant decision, the Kerala High Court has directed the Kannur District Collector to take immediate action to prevent children from participating in the age-old ritualistic dance known as "Thee Chamundi Theyyam." The court's order comes in response to a Public Interest Litigation (PIL) filed by the Dhisha Foundation, an esteemed non-governmental organization (NGO) committed to safeguarding children's rights.

A division bench comprising Chief Justice SV Bhatti and Justice Basant Balaji passed the landmark ruling after considering the petition challenging the involvement of children in this traditional dance form prevalent in the northern Malabar districts of Kerala. The PIL argued that children selected to perform in Thee Chamundi Theyyam were subjected to extreme danger and physical harm, compromising their fundamental right to life and safety.

The ritualistic dance, Theyyam, holds immense cultural significance in the region, and Thee Chamundi Theyyam is one of its prominent variations. However, it involves the perilous act of throwing children into fire embers a minimum of 101 times. The Dhisha Foundation vehemently contended that such practices violated constitutional guarantees and international covenants protecting children's rights.

The urgency of this matter was highlighted when the PIL cited the distressing case of a 14-year-old child who participated in a Thee Chamundi Theyyam organized by the Chirakkal Kovilakam and Chirakkal Temple Trust as part of their annual function. The petition drew attention to the high-risk nature of the dance, where accidents and mishaps during performances are common occurrences. Shockingly, the temple authorities failed to provide any healthcare assistance, even in emergencies, leaving the young performers vulnerable.

Moreover, the PIL emphasized that the children chosen for Thee Chamundi Theyyam were predominantly from backward communities, representing a relic of the feudal past. Apart from physical harm, the petition raised concerns about the potential psychological damage inflicted upon these children due to their involvement in such dangerous rituals.

The Dhisha Foundation had previously approached the relevant authorities, including the Central and State governments, through representations, but received no response. Therefore, they resorted to the Kerala High Court, seeking a complete prohibition on children's participation in the Thee Chamundi Theyyam dance. They also demanded a declaration recognizing this practice as a violation of children's fundamental rights.

Advocate AK Preetha represented the petitioner in this crucial case, presenting compelling arguments in favor of protecting children from harm. The court acknowledged the merit of the petition and entrusted the Kannur District Collector with the responsibility of ensuring the immediate implementation of preventive measures to safeguard children's well-being.

With this landmark ruling, the Kerala High Court has taken a significant step towards preserving the safety and rights of children, recognizing the need to balance cultural practices with the imperative to protect vulnerable individuals. The prohibition on children's participation in Thee Chamundi Theyyam marks a progressive milestone in the pursuit of a society that cherishes its traditions while safeguarding the welfare of its youngest members.