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The Kerala High Court on Monday, August 24, sought responses from the state government and other authorities on a plea by a transgender woman who alleged that she was stopped from proceeding to the Sabarimala temple because of her gender identity.
A Division Bench of Justices P Gopinath and S Manu issued notice to the State, the Pathanamthitta District Collector, Travancore Devaswom Board (TDB) and Sabarimala thantri. The matter has been posted for further hearing on September 3.
The petition was filed by Sathyashri Sharmila Rehemathali, who identifies as a transgender woman and says she is a regular Sabarimala pilgrim.
According to her petition, Sharmila reached Pamba on August 20 after observing the 41-day Mandala Vratham and carrying out the rituals associated with the pilgrimage. However, she was stopped by police near the Pamba Ganapathi Temple and told that she would not be allowed to proceed to the Sabarimala shrine because she was a transgender person.
The petitioner alleged that officers at the Pamba police station told her that the TDB had instructed the police not to allow transgender persons to proceed to Sabarimala. When she asked to see the written order, circular or notification imposing such a restriction, she was allegedly told that it could not be shown to her.
Sharmila has argued that there is no statutory provision or notified order prohibiting transgender devotees from undertaking the pilgrimage. She contended that, in the absence of a lawful restriction, she could not be denied access to the shrine solely based on her gender identity.
She also pointed out that she had previously undertaken the pilgrimage and had darshan at Sabarimala on January 3 and April 15 this year, both before and after her gender transition.
The petition relies on Section 3(e) of the Transgender Persons (Protection of Rights) Act, 2019, which prohibits discrimination against transgender persons in access to public places and religious institutions. Sharmila has sought directions to the authorities to disclose and publish any order or notification restricting the entry of transgender devotees and to take action if officials are found to have violated the statutory protections.
She had also sought permission to visit Sabarimala on August 26, the day of Thiruvonam, to fulfil an offering to Lord Ayyappa. However, the High Court did not issue any direction permitting her to undertake the pilgrimage on that date.
The TDB has taken the position that it cannot interfere in the issue of women's entry to the temple, as the matter is currently before a nine-judge Bench of the Supreme Court.