Amicus Curiae's Report
During the hearing, the court considered the recommendations of an amicus curiae (friend of the court), who noted that while there is no specific statutory prohibition against physically disabled individuals entering the Nalambalam, there is an established practice that governs the religious customs of various temples. According to the amicus, the decision to permit or restrict wheelchairs inside the Nalambalam should be based on the opinion of the temple’s Thanthri (head priest), as religious rituals and practices vary from temple to temple.
The report submitted by the amicus curiae also acknowledged that many temples do not allow wheelchairs beyond a certain point due to concerns about the sanctity and purity of the premises. However, the report emphasized that alternative arrangements for disabled devotees, such as a designated area for darshan, could be explored. The role of the Thanthri was highlighted as being crucial in making any decision, as the priests are the custodians of the temple's rituals and traditions.
Court's Perspective
The court, while considering the amicus curiae’s observations, expressed its intention to strike a balance between religious customs and the rights of disabled devotees. The judges stressed the need to ensure that no devotee is denied the right to worship due to physical disability, while also respecting the traditional customs upheld by the temple authorities.
The Kerala High Court is expected to further deliberate on how temples can accommodate the needs of disabled devotees without compromising religious traditions. The court also emphasized the importance of sensitivity towards the disabled, encouraging temples to provide alternative access wherever possible.
Conclusion
The Kerala High Court's proceedings on the 'wheelchair darshan' issue underline the challenges faced by disabled devotees in accessing religious spaces. While temple customs hold significant value, the court seeks a solution that respects religious practices while ensuring inclusivity for all worshippers, particularly those with physical disabilities. The final ruling is awaited, which will likely set an important precedent on accessibility in places of worship across Kerala.
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