Kerala HC takes Suo Motu notice of Accessibility Challenges in Places of Worship in Kerala [Judgement Included]

Court: Kerala High Court, India

Bench: Justice Anil K Narendran and Justice Harisankar V Menon

Case No: DBP No. 25 of 2024

Case Title:  Suo motu v. State of Kerala

Date of Hearing: 27 March 2024

Next Date of Hearing: 20 May 2024

Brief:

In a landmark move highlighting the significance of inclusivity within religious spaces, the Kerala High Court has taken a proactive stance by addressing the accessibility concerns of physically disabled individuals in temples. The court's recent suo motu cognizance of a devotee's plea underscores the imperative of ensuring that all worshippers have equal opportunities to participate fully in religious practices, regardless of physical ability.

Background

The suo motu notice, initiated on March 27, 2024, stems from a heartfelt complaint by a woman devotee who faced barriers in accessing the 'Naalambalam' (sanctum sanctorum) of temple due to her physical disability. She sought permission for wheelchair access within temple premises to enable herself and others like her to engage in darshan, a sacred visual communion with the deities.

The bench, led by Justices Anil K Narendran and Harisankar V Menon, appointed Advocate V Ramkumar Nambiar as an amicus curiae, highlighting the court's commitment to a thorough examination of the issue. This proactive approach signifies a broader effort to reconcile religious customs with the principles of equality and inclusivity enshrined in international human rights instruments particularly the UN Conventionon the Rights of Persons with Disabilities, Constitution of India and Rights of Persons with Disabilities Act 2016 among others.

At the core of this case lies the fundamental right to practice one's religion, a right that should be accessible to all without discrimination. The denial of wheelchair access not only impedes individuals' freedom to worship but also raises pertinent questions about societal treatment towards the disabled community.

The petitioner's poignant experience of being carried by relatives to partake in darshan underscores the significant challenges faced by many in accessing religious services. Moreover, the difficulty in viewing the deities from a seated position on the ground further accentuates the sense of exclusion felt by disabled devotees.

As the case progresses, it presents a unique opportunity to strike a balance between respecting religious traditions and ensuring equal access for all worshippers. The outcome of this legal deliberation could set a precedent for how religious institutions accommodate the needs of disabled individuals, fostering a more inclusive approach to spiritual practice.

The next hearing scheduled for May 20, 2024, holds great anticipation for advocates of disability rights and religious organizations alike. It marks a crucial juncture in the ongoing discourse and implementation of legal mandate surrounding inclusivity in religious spaces and underscores the pivotal role of the judiciary in upholding the dignity and rights of every individual.

Importantly, the Rights of Persons with Disabilities (RPWD) Act of 2016 defines public buildings, and public services including places of worship like temples, within its scope. The Act mandates accessibility standards to be implemented within a specified timeframe with the accessibility standards issued under the Act. Incidently, the Office of the Chief Commissioner for Persons with Disabilities, Government of India, a nodal authority under section 40 of the RPWD Act 2016 had also issued sectoral guidelines titled,"Guidelines for Making Religious Places Accessible" in 2019. These guidelines outline measures to make religious places accessible, emphasizing the importance of compliance with disability rights legislation.

Furthermore, it is noteworthy to mention the Delhi State Commissioner for Persons with Disabilities' order in Case No. 247/1101/2018/05/6629-6644  dated 15.10.2019 , which directed the all the district magistrates to ensure compliance of the provisions of the RPWD Act 2016 and accessibility standards/ guidelines issued thereunder in religious places in Delhi. This order sets a precedent for other states, highlighting the imperative for religious institutions to ensure equal access for all individuals, regardless of their physical abilities.

Conclusion

In conclusion, the Kerala High Court's proactive intervention in addressing accessibility issues in places of worship exemplifies a commitment to upholding the principles of equality and inclusivity. By recognizing and addressing the barriers faced by disabled individuals, the judiciary plays a pivotal role in fostering a society where all members can participate fully in religious practices, regardless of physical ability. It is equally important to address the attitudinal barriers towards persons with disabilities in the places of worship in particular and in the larger society in general.

Read the Order

Below is the copy of the Order dated 27 March 2024 in Suo motu v. State of Kerala

Punjab & Haryana HC seeks report from three Govts on accessibility of judicial complexes to persons with disabilities [Interim order included]

Court: Punjab and Haryana High Court at Chandigarh

Bench: Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji

Case No.: CWP-PIL-56-2024

Case Title: Court on its Own Motion vs. High Court of Punjab and Haryana, Chandigarh

Date of Hearing & Interim Order: 21 March 2024

NDOH: 16 April 2024

Subject: Accessibility of courts and judicial complexes

Brief:

The present petition was listed before the division bench on account of a reference made by the learned Single Judge Justice Harpreet Singh Brar, to provide appropriate infrastructure to make judicial complexes across the States of Punjab, Haryana and U.T., Chandigarh accessible to persons with disabilities, in public interest, keeping in mind the provisions of Sections 44, 45 and 46 of the Rights of Persons with Disabilities Act, 2016.

Taking a suo motu cognizane of the lack of infrastructure in judicial complexes which may be inaccessible to persons with disabilities in Punjab, Haryana and U.T. Chandigarh the division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji on 21 Mar 2024 sought a status report from the Governments of Punjab, Haryana and U.T. Chandigarh on the accessibility status of judicial complexes to persons with disabilities. 

The division bench asked the Governments whether there is compliance with the Rights of Persons with Disabilities Act, 2016 in the infrastructure of Judicial complexes in various court complexes of districts and High Court.

The matter was referred to the bench on a plea was filed by a 60-year-old disabled lady who sought transfer of her case at District Court Punjab's Malerkotla, from the first floor to the ground floor as the judicial complex did not have any provision for a ramp or an elevator to facilitate a disabled person to attend the Court proceedings.

The right to life enshrined in Article 21 of the Constitution of India is not limited to mere animal-like existence but includes the right to live a meaningful life, with dignity in the truest sense of the term. Absence of appropriate facilities in public buildings, especially judicial complexes, equates to a denial of access to justice and amounts to discrimination against persons with disabilities.

The State has been reminded of its obligation to create a level playing field and provide all necessary facilities to realize the fundamental rights guaranteed to its citizens by the Constitution, including the right to move freely across the territory of India. The next date of hearing is scheduled for 16 April 2024, where the State is expected to file a special affidavit concerning the District Court of Malerkotla.

This case is a testament to the judiciary’s proactive role in safeguarding the rights of the disabled and ensuring that justice is accessible to all, regardless of physical limitations. It serves as a reminder that the pursuit of justice must be inclusive and accommodating to the needs of every citizen.

The order though restricts to seeking status on provisions of lifts and ramps, thus leaving out a huge gamut under the accessibility domain that includes, parking, signage and orientation, tactile maps, TGSIs, colour contrasts, floor surface, accesssible toilets, emergency evacuation for people with disabilities, sign language interpretation for deaf litigants and lawyers, braille and ICT Access for persons with vision impairments among others. 

The court should ideally call for a proper access audit of all the district courts in the two states and the UT of Chandigarh from empanelled access auditors of Govt. of India and follow up until the access recommendations  are implemented in toto. We have already delayed the accessibility mandate as the law provided for 5 year time frame for buildings that expired in 2022.

Read the interim order