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Kerala High Court: Bio-Toilets at Sabarimala Cannot Be Shifted to Wayanad Relief Camps

Kerala High Court: Bio-Toilets at Sabarimala Cannot Be Shifted to Wayanad Relief Camps

Introduction: In a recent ruling, the Kerala High Court decided against moving bio-toilets from Sabarimala to relief camps in Wayanad. This decision was influenced by the anticipated high number of pilgrims during the Chingamasapooja festival, starting on August 16, 2024.

Court's Consideration: The Division Bench, comprising Justice Anil K. Narendran and Justice Harisankar V. Menon, reviewed a report from the Special Commissioner, Sabarimala. The report highlighted the logistical challenges and the large number of expected pilgrims, which would make the shifting of bio-toilets impractical. The Travancore Devaswom Board, responsible for the facilities at Sabarimala, supported this stance due to the anticipated daily footfall of 30,000 to 40,000 pilgrims.

Request from Wayanad: The District Disaster Management Authority and the District Collector of Wayanad requested the bio-toilets for relief camps following recent landslides. They sought around 30-40 bio-toilets to improve sanitation at the camps. However, only 28 bio-toilets were available at Sabarimala, with 3 non-functional and 10 fixed permanently on the Marakkuttam trekking path, leaving only 15 mobile units.

Challenges Highlighted: The report stated that relocating these bio-toilets would create significant hardship for pilgrims, as these units are crucial for maintaining sanitation along the trekking path. The Travancore Devaswom Board emphasized that each bio-toilet unit has a separate storage tank with a capacity of 1,000 liters, making their mobility and reinstallation complex.

Judgment: Taking into account the detailed report and the stand of the Travancore Devaswom Board, the court ruled that shifting the bio-toilets to Wayanad was not feasible. The necessity of ensuring proper facilities for the large number of pilgrims during the festival period was deemed paramount.

Implications: This ruling underscores the court's role in balancing immediate disaster response needs with the logistical and practical considerations of large-scale religious events. The decision highlights the challenges of resource allocation in scenarios where both public health and religious obligations intersect.

Case Details: The case is titled "Suo Moto v State of Kerala," with the case number SSCR NO.58 OF 2024, and is cited as 2024 LiveLaw (Ker) 506.

Conclusion: The Kerala High Court's decision not to shift bio-toilets from Sabarimala to Wayanad relief camps reflects the complexities involved in managing resources for large-scale events. The court prioritized the needs of pilgrims while acknowledging the disaster management requirements in Wayanad, illustrating the intricate balance required in judicial decisions affecting diverse public interests.

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