Kerala HC directs Devaswom Boards to frame guidelines on wheelchair access in temples for disabled devotees

The Kerala High Court recently issued directions to the Travancore, Cochin, Malabar and Guruvayoor Devaswom Boards to take steps to ensure accessibility for disabled devotees in temples and to evaluate allowing wheelchair access inside temple premises [Suo Motu v State of Kerala & ors].

Justice Raja Vijayaraghavan V and Justice KV Jayakumar issued the directions while dealing with a suo motu petition registered based on a complaint by one T Suganthi, a physically challenged woman with limited mobility due to Poliomyelitis, who was denied entry in a wheelchair into the 'Nalambalam' of Thrissur Vadakkumnathan Temple.

Suganthi highlighted the difficulties faced by wheelchair users at temples and sought permission for wheelchair access inside the temples for proper darshan.

The Court emphasised that disabled persons, like every other citizen, have their right to religious freedom protected under Article 25 of the Indian Constitution and cited Section 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, which requires temples to be open to all sections and classes of Hindus

It also relied on Section 3 of the Rights of Persons with Disabilities Act, 2016 which mandates reasonable accommodation, prohibiting discrimination on the ground of disability and requiring priority access to facilities and services for persons with disabilities.

In view of the same, the Court held that Devaswom Boards are duty bound to provide disabled devotees with appropriate accommodations, ensuring their right to worship with dignity and without discrimination.

"Such measures are not a matter of charity but a statutory and constitutional mandate designed to secure substantive equality," the Court added.

The rights of disabled devotees flow from constitutional guarantees and statutory provisions, the Court said and proceeded to issue the following directions to the Devaswom Boards:

• Boards must consult the respective Thanthris and stakeholders of each temple to determine measures to accommodate differently-abled devotees for darshan.

• They should evaluate each temple's layout and decide on wheelchair access inside inner precincts of the temple to ensure reasonable accommodation and priority access for the differently-abled as mandated by law.

• They should examine and decide whether specific days or time slots can be fixed for providing darshan to differently-abled devotees and publish any such schedule for public knowledge.

• Advance booking or virtual-queue options should be considered to reduce waiting time for the differently-abled devotees.

• Take additional measures such as barrier-free access routes, assistance personnel, and any other facilities required to ensure a dignified worship experience.

The Devaswom Boards have to deliberate on the matter and issue guidelines within four months.

Travancore Devaswom Board was represented by its standing counsel G Biju, the Cochin Devaswom Board by its standing counsel KP Sudheer and the Malabar Devaswom Board by its standing counse R Ranjanie.

Advocate V Ramkumar Nambiar was appointed as Amicus Curiae.

[Read Judgment]