Point of Law: A vaccination policy exclusively relying on a digital portal for vaccinating a significant population of this country between the ages of 18-44 years would be unable to meet its target of universal immunisation owing to such a digital divide.

ORDER/JUDGMENT :

Anil K. Narendran, J.

The common issue involved in D.B.P.No.13 of 2021 and also W.P.(C)Nos.21609 and 21812 of 2021 relates to Virtual-Q system at Sabarimala Temple.

2. D.B.P.No.13 of 2021 has been registered suo motu based on the direction issued on 01.07.2021 by the Division Bench dealing with Devaswom matters. The Division Bench noticed that, based on S.M.Report No.3 of 2021 of the Special Commissioner, Sabarimala, regarding underutilisation of the permitted number of 5,000 pilgrims per day under Virtual-Q system, causing loss of opportunity to devotees desirous to undertake pilgrimage, this Court registered SSCR No.3 of 2021. On 05.03.2021, an order was passed in SSCR No.3 of 2021. Taking note of the report that Virtual-Q slots are being put through the website sabarimalaonline.org, which is an initiative of the Kerala Police, and the fact that despite the booking of all Virtual-Q slots within hours of opening of the site, almost all days, when the shrine remains open, only less than 50% of devotees thus registered are turning up for darshan, this Court suo motu impleaded the State Police Chief as additional 3rd respondent, who was directed by the order dated 05.03.2021, to file an affidavit as to whether such situations occur due to any deceitful action from the part of anyone. Thereafter, an affidavit was filed by an officer authorised by the State Police Chief, wherein it is stated that the aforesaid initiative of the Kerala Police is a successful tool to identify the pilgrims and to manage the crowd at Sabarimala during Mandala Makaravilakku Festival season. It was also stated that the restriction regarding the number of pilgrims is due to Covid-19 pandemic and that necessary probe will be done to find out whether there is any illegal activity by anyone for the shortage in the number of pilgrims turning up for darshan. Later, as per the order dated 12.03.2021 in SSCR No.3 of 2021, the number of pilgrims was enhanced from 5,000 to 10,000. The issue whether such shortage in the number of pilgrims occur due to any deceitful action on the part of anyone was not looked into while passing the said order. But, despite the increase of the number of pilgrims as above, there was considerable decrease in the number of pilgrims turning up for darshan, going by the information passed on by the Special Commissioner, Sabarimala. As per the order dated 12.03.2021, this Court permitted to insist for production of Covid-19 negative certificate after RT-PCR test taken within 48 hours of reaching Nilakkal, from NABL accredited ICMR approved laboratories and such other laboratories approved by the Government. This Court noticed that, each day, when the shrine remains open, about 10 hours are available for darshan. Taking note of the available space and the available facilities for crowd management there can be no difficulty at all for facilitating darshan for the devotees, even if the entire permitted number of pilgrims are turning up for darshan, in terms of the time slot allotted to each of them. Since Sabarimala pilgrimage is now permissible only with Covid-19 negative certificate obtained in the aforesaid manner, the risk matter is very minimal. Unlike the other temples in Kerala, Sabarimala shrine opens only for Mandala Makaravilakku Festival, masa poojas and on specific festive days.

2.1. In the direction issued on 01.07.2021, the Division Bench noticed that, in other temples in Kerala where darshan is permitted only after registration in Virtual-Q system, such systems are managed by the Devaswoms concerned. In the statement filed in SSCR No.3 of 2021 by the State Police Chief, though it was stated that necessary probe would be done to find out any illegal activity being done resulting in shortage in the number of pilgrims turning up for darshan, so far nothing by way of a report is forthcoming. Taking into account all such circumstances, the Division Bench noticed that, the question is whether the computer managed Virtua