Determine Measures To Accommodate Persons With Disabilities To Facilitate Their Darshan In Temples: Kerala High Court To Devaswom Boards

The Petition before the High Court was registered suo motu based on a complaint submitted by one T. Suganthi, pointing out the difficulties faced by the physically challenged persons during their darshan in temples.

The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar stated, “Upon a careful reading of the provisions of the Rights of Persons with Disabilities Act, 2016, we are of the considered view that, to give full effect to the guarantees of equality, dignity, and non-discrimination embodied therein, persons with disabilities must be afforded appropriate and reasonable accommodations and be accorded priority in access to facilities and services. Such measures are not a matter of charity but a statutory and constitutional mandate designed to secure substantive equality. The RPwD Act mandates that necessary steps are to be taken to ensure "reasonable accommodation" and “priority in access”—that reflects the Act’s rights-based approach and the constitutional principle of substantive equality.”

“The respondent Devaswom Boards shall, in consultation with the respective Thanthris and other relevant stakeholders, determine the specific measures by which persons with disabilities can be accommodated so as to facilitate their darshan in each temple under their control”, it further ordered.

Standing Counsel G. Biju represented the Respondent.

Factual Background

The complainant is a Chartered Accountant by profession and a physically challenged woman who is unable to move without a wheelchair. She mentioned the difficulties she faced during her visit to the Sree Vadakkumnathan Temple at Thrissur. The temple authorities insisted that she leave her wheelchair at the outer entrance and informed her that wheelchairs are not permitted inside the Nalambalam of the temple. The request made by her was to permit the use of wheelchairs within the Nalambalam of temples so that differently-abled devotees may have proper darshan. On the Court’s orders, the Amicus Curiae submitted an interim report incorporating various suggestions to ensure smooth darshan for differently abled devotees.

The second respondent, the Travancore Devaswom Board, had filed a counter affidavit, contending that the temples of Travancore were constructed and maintained in various architectural styles. ‘Garbha Graham’ of the temple is considered the head of the deity, and from there the Gopuram is considered as padam (feet). The devotees enter the temple through the Gopuram (padam), after saluting the deity’s padam. It was contended that without Gopuram, there would be a boundary in the concept of a Gopuram. The structure of the temple includes many portions, starting from Nalambalam, Garbhagraham etc. The Counsel for the Travancore Devaswom Board also submitted that, according to Tantra Shastra, the vehicle of the deity alone is permitted inside the Nalambalam.

Reasoning

The Bench, at the outset, explained that Article 25 of the Constitution guarantees the fundamental right to everyone the liberty to freely profess, practice and propagate their religion, subject to public order, health, morality and other constitutional provisions. Reference was also made to the Rights of Persons with Disabilities Act (RPwD Act) and Section 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, which stipulates that places of public worship are open to all sections and classes of Hindus.

The Bench held, “In the facts and circumstances of the case, and in the light of the relevant constitutional and statutory provisions, the Devaswom Board is duty bound to determine the manner in which persons with disabilities are to be accommodated so as to facilitate their darshan in each temple, taking into account the peculiar features and rituals of every temple. This issue assumes particular significance in the major temples (Mahakshethrams) under the control or supervision of the various Devaswom Boards.”

Directing the Devaswom Boards to determine the specific measures by which persons with disabilities can be accommodated to facilitate their darshan in each temple under their control, the Bench held, “The Boards shall decide, after evaluating the unique facts and circumstances of each temple, whether wheelchairs carrying persons with disabilities may be permitted inside the Nalambalam or other inner precincts, ensuring that the decision reflects the mandate of “reasonable accommodation” and “priority in access” under the Act.”

The Boards have been asked to examine and decide whether a specific day or time can be fixed for providing darshan to persons with disabilities. Directions are also issued by the Bench to publish any such schedule for public knowledge and consider providing an option for booking or virtual-queue reservations to devotees with disabilities to ease their access and reduce waiting time.

“The Boards shall take all additional measures necessary to give effect to the provisions of the RPwD Act, including but not limited to barrier-free access routes, assistance personnel, and any other facilities required to ensure a dignified and unhindered darshan”, it concluded.

Cause Title: Suo Motu v. State of Kerala (Neutral Citation: 2025:KER:67524)

Appearance

Respondent: Standing Counsels G. Biju, K.P.sudheer, R. Ranjanie

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