Accessibility for differently-abled individuals in religious spaces is a constitutional and statutory obligation, requiring institutions to enact reasonable accommodations for inclusive worship.

JUDGMENT :

K.V. Jayakumar, J.

This DBP is registered suo motu on the basis of a complaint submitted by one T. Suganthi, dated 04.02.2022. In that complaint, she has narrated the difficulties faced by the physically challenged persons during their darshan in temples.

2. In her complaint, T. Suganthi narrated the difficulties she faced during her visit to the Sree Vadakkumnathan Temple at Thrissur on 01.02.2024. 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.

3. T. Suganthi is a Chartered Accountant by profession and a physically challenged woman who is unable to move without a wheelchair, both her legs having limited mobility due to poliomyelitis.

4. The request made by her is to permit the use of wheelchairs within the Nalambalam of temples so that differently-abled devotees may have proper darshan. Taking note of the grievance, this Court, by order dated 27.03.2024, appointed Adv. V. Ramkumar Nambiar as Amicus Curiae to assist in the matter.

5. On 13.11.2024, the learned Amicus Curiae submitted an interim report incorporating various suggestions to ensure smooth darshan for differently abled devotees. The suggestions forwarded by the Amicus Curiae essentially are as follows

A. Every major temple shall, as far as practicable, provide a minimum of three to five wheelchairs to facilitate proper darshan for persons with disabilities who intend to visit the temple.

B. Wheelchairs personally belonging to visitors with disabilities may be restricted from entry into the inner precincts of the temple if, in the considered view of the temple authorities, they do not meet the standards of cleanliness or hygiene prescribed for the sanctum.

C. Each temple shall fix a specific day and time for darshan by persons with disabilities. Such schedule shall be published in widely circulated newspapers and prominently displayed at the temple entrance and other conspicuous locations.

D. The temple authorities shall clearly display, at the entrance and in all public notices, the number of attendants or companions permitted to accompany a person with disability inside the temple.

E. The temple shall provide trained personnel who are willing and available to assist persons with disabilities in obtaining proper darshan in a safe and dignified manner.

F. The Devaswom or temple management shall clearly demarcate the areas within the temple up to which persons with disabilities are permitted access, ensuring such demarcation is reasonable and clearly visible.

G. The temple authorities shall ensure that no obstruction or impediment is caused to the free and unhindered movement of persons with disabilities within the temple premises.

6. The 2^nd respondent Travancore Devaswom Board has filed a counter affidavit contending that the temples of Travancore were constructed and maintained in different varieties of architectural styles. ‘Garbha Graham’ of the temple is considered as 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 is contended that without Gopuram, there will be a boundary in the concept of a Gopuram. The construction of a temple is completely based on ‘Vastu Shathra’ and ‘Thantra Shasthra’. The subtle body (sushmasareeram) of the deity is considered as ‘Bimba’. The structure of the temple includes many portions starting from Nalambalam, Garbhagraham etc. The Nalambalam or any other part of the temple should not be rifted or cut under any circumstances.

7. The learned counsel for the Travancore Devaswom Board, Sri. G. Biju, submitted that according to Tantra Shastra the vehicle of deity alone is permitted inside the Nalambalam.

8. The learned counsel submitted that there are 1,250 temples under the Travancore Devaswom Board. Each temple has its own peculiar features, and the customs and rituals of each temple are di