No Restriction On Physically Disabled Devotees In Temple Nalambalam But 'Wheelchair Darshan' Require Thanthris' Opinion: Amicus Tells Kerala HC

The Division Bench of Justice Anil K. Narendran and Justice P G Ajithkumar is set to consider the feasibility of allowing wheelchairs inside the Nalambalam of Temples under the Travancore, Cochin, Malabar and Guruvayoor Devaswoms for facilitating physically disabled devotees to have darshan inside the Temples in Kerala.

The Travancore Devaswom Board submitted that only the vehicle of the deity is permitted inside the Temple Nalambalam. It was also stated that bringing a wheelchair, which is typically used outside, to the Nalambalam is sacrilegious. It was stated that all other possible assistance could be offered to help physically disabled persons have a darshan other than bringing a wheelchair to Nalambalam.

The Guruvayoor Devaswom Board also stated that bringing a wheelchair to Nalambalam is against Temple rituals and would also affect the Temple's purity. It was stated that bringing wheelchairs would affect the queue system and the devotees who are standing in the queue for Darshan. It was stated wheelchairs could be permitted for devotees till a certain point only and physically disabled devotees could be carried or helped by their relatives inside the temple.

The Malabar Devaswom Board and Cochin Devaswom Board stated that Thanthris of each temple has to decide whether wheelchairs can be permitted and the Board cannot make a uniform decision.

Advocate Ramkumar Nambiar, the Amicus Curiae appointed by the Court, submitted that a uniform decision was not feasible since it depended on the decision of each Temple's Thanthri.

“It may not therefore be proper at this stage to issue an Omnibus direction to all the temples permitting entry of wheel chairs for the physically disabled devotees, without ascertaining the opinions of the respective Thanthris especially since matters of faith and matters of constitutional and statutory rights are inter-twined together, and more so, when the said question is pending consideration before the larger Bench of the Hon'ble Supreme Court in a Review Petition in Indian Young Lawyers Association and others Vs. State of Kerala and Others.” the Amicus submitted

It was stated that it may not be appropriate to hold that access to all places of a Temple, such as the Nalambalam and Sreekovil, is a constitutional right.

“Though our Constitution secures to all our citizens including the disabled, justice, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and for promotion of fraternity just as it does for other citizens who are not disabled, it is not proper at this stage to hold that access to all places of worship including the Nalambalam and Sreekovil are Constitutional Rights and that no statutory or constitutional discrimination could be made to prevent the physically disabled persons from entering any part of the temple”, stated the Amicus.

It was stated that this would depend upon the architectural design of each Temple and other practical difficulties also have to be ascertained. It was stated that the hygienic condition of the wheelchair would also have to be evaluated.

It was stated that the Constitution or statutory enactments do not place any restriction on physically disabled persons who are Hindus from entering the Temple or its premises to offer prayers or perform religious duties. It was thus said, that since there was no restriction, there was no violation of any Constitutional provisions.

The matter has been posted to October 29 for final disposal.

Case title: Suo Moto v State of Kerala

Case number: DBP NO. 25 OF 2024