Faith and fundamental rights have come to the forefront once again at one of India’s most revered pilgrimage sites. A transgender woman has approached the Kerala High Court after being stopped by local authorities on her way to offer prayers at the famed Sabarimala temple. The incident has raised critical questions regarding the right to worship, administrative accountability, and the protection guaranteed to sexual minorities under Indian law.
The petitioner, identified as Sathyashri Sharmila Rehemathali, stated that she is a devoted follower of Lord Ayyappa and a regular pilgrim. Having strictly observed the customary Vratham (the period of penance) and carrying the sacred Irumudi, she arrived at Pamba on August 20 to begin her uphill trek. However, her pilgrimage was abruptly halted near the Pamba Ganapathi temple during a routine police inspection.
According to the petition, law enforcement officers informed Sharmila that she could not proceed simply because of her gender identity. The police officers on duty claimed they were acting on specific instructions issued by the Travancore Devaswom Board to restrict transgender persons from entering the temple complex. When she requested to see the official written circular or government notification mandating this ban, the authorities refused to provide any documentation.
The sudden restriction has sparked strong objections, particularly because Sharmila had visited Sabarimala multiple times in the past without facing any obstacles. She highlighted in her plea that she had completed pilgrimages on January 3 and April 15 of the same year, receiving darshan peacefully alongside other devotees. The arbitrary denial of entry on this recent visit prompted her to seek immediate legal intervention.
Taking the matter before the judiciary, the petitioner argued that preventing her entry purely on the grounds of her gender identity violates her constitutional rights. She pointed out that Section 3(e) of the Transgender Persons (Protection of Rights) Act, 2019 explicitly forbids unfair treatment and denial of access to public places and religious institutions, making the enforcement of an unwritten ban unlawful.
A division bench of the Kerala High Court, comprising Justice Gopinath P and Justice S Manu, took up the matter and issued notice to the State government seeking its formal stance on the allegations. While the petitioner sought urgent permission to offer special prayers for the upcoming festival of Thiruvonam on August 26, the court refrained from granting an immediate interim order at this stage.
In her plea, Sharmila has requested the court to secure her right to undertake the pilgrimage and direct the state authorities to officially disclose and publish any orders or circulars that impose restrictions on transgender devotees. The matter has now been posted for its next hearing on September 3, where the government and temple administration will be required to explain the legal basis of the contested restrictions.