Rights of Persons with Disabilities Act Mandates 'Reasonable Accommodation' in Temples for Darshan: Kerala High Court

Kerala High Court Directs Devaswom Boards to Ensure Temple Access for Disabled Devotees, Citing Constitutional Mandate

ERNAKULAM: The Kerala High Court has issued a significant judgment affirming the rights of persons with disabilities to worship in temples, directing the Devaswom Boards to formulate guidelines for ensuring "reasonable accommodation" and "priority in access" for disabled devotees. The Division Bench, comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, emphasized that such measures are not a matter of charity but a "statutory and constitutional mandate."

The court's decision came in a suo motu case (DBP NO. 25 OF 2024) initiated after receiving a complaint from T. Suganthi, a Chartered Accountant who uses a wheelchair due to poliomyelitis.

The Genesis of the Case

The proceedings were triggered by a complaint from Ms. T. Suganthi, who detailed the difficulties she faced at the Sree Vadakkumnathan Temple in Thrissur on February 1, 2024. Temple authorities insisted she leave her personal wheelchair at the outer entrance, informing her that wheelchairs were not permitted inside the Nalambalam (the inner sanctum area), thereby preventing her from having a proper darshan (viewing of the deity). Her plea was for a policy that would allow wheelchair access within temples for differently-abled devotees.

Arguments from the Devaswom Boards

The various Devaswom Boards, responsible for temple administration, presented arguments highlighting practical and religious challenges:

• Travancore and Malabar Devaswom Boards: Argued that temples are constructed based on ancient architectural and ritualistic principles ('Vastu Shastra' and 'Tantra Shastra'). They contended that the unique and sacred structure of each temple makes a uniform rule for wheelchair access impossible. Furthermore, they stated that the final decision on such matters rests with the respective Thanthri (head priest) of each temple.
• Guruvayoor Devaswom Board: Pointed out that the passage inside the Guruvayoor temple's Nalambalam is extremely narrow and contains a 'Balikallu' (sacrificial stone), which cannot be crossed with a wheelchair as per temple rituals. They also raised concerns about disrupting the queue system and potential hygiene issues affecting the temple's sanctity.

Court's Analysis: Balancing Religious Practice and Fundamental Rights

The High Court meticulously balanced the religious freedoms guaranteed under Article 25 of the Constitution with the statutory rights enshrined in the Rights of Persons with Disabilities (RPwD) Act, 2016 .

The bench observed that the RPwD Act, enacted to fulfill India's commitment to the UN Convention on the Rights of Persons with Disabilities, aims to ensure full and effective participation, non-discrimination, and accessibility for disabled individuals. The judgment highlighted that "public buildings," as defined in the Act, explicitly include places of religious activity.

The court 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 judgment underscored that Section 3 of the RPwD Act prohibits discrimination on the grounds of disability and mandates the government to ensure "reasonable accommodation."

Final Directions and Implications

Finding that the Devaswom Boards are duty-bound to facilitate darshan for persons with disabilities, the High Court disposed of the case with a set of comprehensive directions. The court ordered the boards to formulate broad guidelines within four months, taking the following actions:

• Consultation: Engage with respective Thanthris and stakeholders to determine specific accommodation measures for each temple.
• Wheelchair Access: Decide on a case-by-case basis whether wheelchairs can be permitted inside the Nalambalam or other inner precincts, guided by the principles of "reasonable accommodation" and "priority in access."
• Scheduled Darshan: Examine the feasibility of fixing specific days or times for darshan for persons with disabilities and publicize the schedule widely.
• Modern Solutions: Consider providing options for advance booking or virtual queues to ease access and reduce waiting times.
• Comprehensive Measures: Take all necessary steps to implement the RPwD Act, including creating barrier-free routes, providing trained assistance personnel, and other facilities for a dignified darshan.

This landmark ruling reinforces the principle that religious traditions must evolve to accommodate the constitutional guarantees of equality and dignity, ensuring that sacred spaces are accessible to all devotees, irrespective of their physical abilities.