Introduction:

In a recent landmark judgment, the Kerala High Court held that the traditional temple dance forms ‘Koothu’ and ‘Koodiyattam’ are integral religious and ritual ceremonies. The court decreed that decisions regarding their performance by artists outside the Ammannoor Family should be made exclusively by the Tantris (priests) of the temple. This verdict stemmed from a public interest litigation (PIL) filed by members of the Ammannoor Family, challenging the temple management committee’s resolution to allow other Hindu artists to perform these dances in the Koothambalam (temple theatre) without the Tantris’ consent.

Arguments of Both Sides:

The petitioners, members of the Ammannoor Family, asserted their hereditary right to perform Koothu and Koodiyattam in the Koodalmanikyam Temple’s Koothambalam. They argued that these performances are part of the religious and ritualistic worship of the Deity, a practice their family has followed for centuries. They contended that only their family members, after undergoing an ordination ceremony, have the right to perform these dances. Allowing other Hindu artists to perform would alter their customary rights and violate Articles 25 and 26 of the Constitution, as well as the rights of the Deity and devotees.

The respondents, representing the temple management committee, argued that the Koothambalam remains unused for most of the year, as the Ammannoor Family performs only for 41 days during the temple festival. They claimed that permitting other artists to perform on the remaining days would not affect the Ammannoor Family’s rights. They also emphasized that the Koothambalam, a heritage structure made of wood, was deteriorating due to lack of use, necessitating regular performances to maintain its condition. Furthermore, they argued that since the temple does not restrict entry to other worshippers, there should not be restrictions on other performers or audiences in the Koothambalam.

Court’s Judgement:

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar held that the state government could allow other Hindu artists to perform Koothu and Koodiyattam only with the Tantris’ consent, ensuring that the temple rituals and practices remain unaffected. The court found that the Ammannoor Family’s performances for only 41 days a year led to the Koothambalam being closed for the rest of the year, causing deterioration. The court noted the significant expenditure by the Department of Archaeology, Government of India, to repair the Koothambalam due to its lack of use.

The court referenced a previous ruling in Suo motu v. State of Kerala (2022), highlighting the constitutional obligation to preserve religious practices and the role of religious experts in deciding rituals and ceremonies. It stated that the decision to allow other Hindu artists to perform must be made by the Tantris and not by the temple management committee. The court also referred to Sections 10 and 35 of the Koodalmanikyam Devaswom Act, which delineate the roles and authorities of the Tantris and the managing committee.

The court further observed that Koothu and Koodiyattam, recognized by UNESCO as cultural heritage, should not become extinct. It declared the temple management committee’s resolution ultra vires to Sections 10 and 35 of the Act for permitting other artists without the Tantris’ consent.

Regarding the right of worshippers to view the performances, the court opined that the dances are intended for public viewing and restricting entry would not promote temple art forms. However, it emphasized that all religious observances and customary rites must be followed if viewers are allowed inside the Koothambalam.