Kerala HC Order Violated: Punyam Poonkavanam Project in Sabarimala

28 Jul Kerala HC Order Violated: Punyam Poonkavanam Project in Sabarimala

Subject Relevance — Where This Topic Fits

• GS Paper II — Polity and Governance: Judicial Review and Separation of Powers  |  GS Paper II — Polity and Governance: Role of State and Religious Institutions  |  GS Paper IV — Ethics, Integrity and Aptitude: Conflict of Interest and Public Trust
• Prelims: Punyam Poonkavanam, Sabarimala, Kerala High Court, Travancore Devaswom Board, Police Bandobast Scheme, Bharatiya Nyaya Sanhita Section 212, Makaravilakku festival, Devaswom Bench
• Essay: Judicial activism and its limits in religious and administrative matters, The role of police in managing religious pilgrimages: Balancing public order and community participation

Quick Revision: The Kerala High Court’s February 2025 order explicitly prohibits the Punyam Poonkavanam project from being associated with Sabarimala activities, and any violation risks contempt of court under judicial review principles.

Why is this in the news?

The Kerala government’s decision to restore the Punyam Poonkavanam project in Sabarimala, despite a Kerala High Court order prohibiting its use in connection with the pilgrimage, has raised serious constitutional and legal concerns. The project, aimed at environmental cleanliness, has been embroiled in controversies including allegations of illegal fund collection and unauthorised activities, prompting judicial scrutiny and potential contempt proceedings.

Background

• The Punyam Poonkavanam project was initiated by the Kerala Police to engage devotees in maintaining cleanliness around Sabarimala Sannidhanam, Pampa, and surrounding areas during the Mandalam-Makaravilakku festival season.
• In February 2025, the Kerala High Court’s Devaswom Bench directed the Travancore Devaswom Board and Kerala Police to issue an advisory to pilgrims clarifying that the project was not part of the Police Bandobast Scheme and that its name could not be used for any Sabarimala-related activities.
• The court’s directive followed an inquiry report by former ADGP M.R. Ajithkumar, which highlighted irregularities such as illegal fund collection and unauthorised activities by project coordinators, including travel abroad.
• The Kerala government, while exonerating ADGP P. Vijayan of allegations, permitted the continuation of the project, citing it as an ‘exemplary community initiative’.
• Judicial sources have warned that the government’s decision risks contempt of court, as the High Court order remains in force.
• The project’s revival also raises questions about the separation of powers, the role of the police in religious administration, and the legal sanctity of judicial directives.

What is the Punyam Poonkavanam project and its legal framework?

• The Punyam Poonkavanam project is a community-driven initiative launched by the Kerala Police to involve devotees in maintaining cleanliness and environmental sustainability around Sabarimala during the Mandalam-Makaravilakku pilgrimage season.
• The project operates under the aegis of the Kerala Police, leveraging community participation to address environmental degradation in a high-traffic religious site.
• The Kerala High Court’s Devaswom Bench, in February 2025, explicitly barred the project from being linked to the Police Bandobast Scheme or any Sabarimala-related activities, citing its unauthorised nature and potential for misuse.
• Inquiries revealed that project coordinators solicited and collected funds from private individuals and organisations, including suspected foreign contributions, raising concerns about financial irregularities and compliance with legal frameworks governing public funds.
• The project’s coordinators, including serving and retired police officers, were found to have undertaken activities beyond the scope of their official duties, including extensive travel and international engagements, which necessitated significant funding.
• The Kerala government’s decision to restore the project, despite the High Court’s order, has been criticised for undermining judicial authority and potentially violating the principle of separation of powers enshrined in the Constitution of India.
• The controversy underscores the need for clear demarcation between police functions in maintaining public order and community-driven initiatives, particularly in religious contexts where judicial oversight is critical.

Key Features

Why it Matters

Administrative and Governance

• Highlights the tension between state executive actions and judicial directives in managing religious and pilgrimage sites.
• Demonstrates the role of police in community initiatives and the legal boundaries of such engagements.
• Raises questions about the accountability of state authorities in implementing projects with potential legal violations.

Judicial and Legal

• Reinforces the supremacy of judicial orders over administrative decisions in matters of public interest and governance.
• Exemplifies the use of contempt provisions to ensure compliance with court directives.
• Underscores the importance of transparency and accountability in government schemes, especially those involving public funds.

Religious and Social

• Sabarimala, a major pilgrimage site, faces governance challenges due to its religious significance and high footfall.
• Community-driven cleanliness initiatives, while commendable, must align with legal and constitutional frameworks to avoid controversies.
• The project’s alleged illegal fund collection raises ethical concerns about transparency in religious and social initiatives.

Challenges

1. Judicial Contempt and Legal Compliance

• The state government’s decision to restore the project risks violating the Kerala High Court order, potentially leading to contempt proceedings.
• Legal ambiguity arises from the government’s exoneration of the Additional Director General of Police while permitting the project’s continuation.
• The lack of public availability of the inquiry report by M.R. Ajithkumar complicates transparency and public trust.

UPSC Link: Judicial Review and Contempt of Court

2. Fund Management and Transparency

• Allegations of illegal fund collection and unauthorised activities by project coordinators raise concerns about financial integrity.
• The involvement of serving and retired police officers in fund solicitation, including potential foreign travel, necessitates rigorous financial oversight.
• The project’s reliance on public participation demands strict adherence to legal and ethical standards to prevent misuse.

UPSC Link: Government Accounts and Audits

3. Administrative Overreach and Role of Police

• The Kerala Police’s dual role in maintaining law and order and implementing community initiatives blurs the lines of accountability.
• The project’s expansion beyond its stated scope (cleanliness) into fund collection and travel raises questions about police jurisdiction.
• The state’s endorsement of the project without addressing judicial concerns reflects potential administrative overreach.

UPSC Link: Police Reforms and Accountability

4. Religious Governance and Public Trust

• The controversy undermines public trust in the management of Sabarimala, a site of immense religious significance.
• Allegations of illegal activities in a religious context may deter devotees and impact the pilgrimage’s socio-economic benefits.
• The project’s association with the Kerala Police, while intended to enhance cleanliness, risks politicisation and public scepticism.

UPSC Link: Religious and Cultural Governance

Challenges — UPSC Perspective

Way Forward

• The Kerala government must immediately review its decision to restore the Punyam Poonkavanam project in light of the Kerala High Court order to avoid contempt proceedings.
• Conduct a transparent inquiry into the allegations of illegal fund collection and unauthorised activities, making the findings publicly accessible.
• Ensure strict adherence to the Kerala High Court’s directives by issuing a fresh advisory to pilgrims clarifying the project’s status and prohibiting its association with Sabarimala activities.
• Implement robust financial oversight mechanisms for community-driven initiatives involving public participation and police involvement.
• Clarify the roles and jurisdictions of the Kerala Police in community initiatives to prevent administrative overreach and ensure accountability.
• Engage with religious and community leaders to restore public trust in the management of Sabarimala and similar pilgrimage sites.
• Strengthen inter-departmental coordination between the Travancore Devaswom Board, Kerala Police, and state government to align administrative actions with judicial directives.

UPSC Value Addition

Prelims Practice Questions

Q1. Which of the following statements regarding the Punyam Poonkavanam scheme is incorrect?

1. A. The scheme was implemented to maintain cleanliness around Sabarimala Sannidhanam and Pampa.
2. B. The Kerala High Court in February 2025 explicitly stated that the project was part of the Police Bandobast Scheme.
3. C. The scheme faced allegations of illegal funds collection from private individuals and organisations.
4. D. The Travancore Devaswom Board was directed to issue an advisory clarifying the scheme’s non-inclusion in police activities.

Answer: B. The Kerala High Court in February 2025 explicitly stated that the project was part of the Police Bandobast Scheme. — The Kerala High Court in February 2025 explicitly stated that the Punyam Poonkavanam project was NOT part of the Police Bandobast Scheme, contrary to option B.

Q2. Under which legal provision can an individual be penalised for filing a false report to the court?

1. A. Section 193 of the Indian Penal Code
2. B. Section 212 of the Bharatiya Nyaya Sanhita
3. C. Section 124A of the Indian Penal Code
4. D. Section 420 of the Indian Penal Code

Answer: B. Section 212 of the Bharatiya Nyaya Sanhita — Section 212 of the Bharatiya Nyaya Sanhita prescribes punishment for filing a false report to a public servant or court, including imprisonment up to six months or a fine.

Q3. The Mandalam-Makaravilakku festival season in Sabarimala is associated with which of the following?

1. A. The onset of the southwest monsoon
2. B. The winter solstice in Kerala
3. C. The 41-day Mandalam season culminating in Makaravilakku
4. D. The annual pilgrimage season coinciding with Onam

Answer: C. The 41-day Mandalam season culminating in Makaravilakku — The Mandalam-Makaravilakku festival season in Sabarimala refers to the 41-day Mandalam season, culminating in the Makaravilakku festival, a significant event for pilgrims.

Mains Practice Question

✍ Critically examine the constitutional and legal implications of the Kerala government’s decision to restore the Punyam Poonkavanam scheme in Sabarimala, despite a Kerala High Court order prohibiting its association with police activities. Analyse the role of judicial review in ensuring administrative accountability and the protection of fundamental rights in this context.

Approach: The answer must be structured in three parts: (1) Constitutional and legal framework governing the issue, including the Kerala High Court’s directive and the provisions of the Bharatiya Nyaya Sanhita; (2) Analysis of the executive’s obligation to uphold judicial orders and the consequences of non-compliance, including contempt of court; (3) Broader implications for the balance between executive autonomy and judicial oversight in matters of public interest, with reference to fundamental rights and duties under the Constitution.

Source: The Hindu

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