As Bombay High Court calls women’s ban unconstitutional, trust says it will go to SC

Bombay High Court says women have the right to enter inner sanctum at Haji Ali
news Friday, August 26, 2016 - 11:55

In a historic verdict, the Bombay High Court on Friday permitted the entry of women up to the mazaar (grave) area of the famous Haji Ali dargah located off Mumbai’s Worli seashore.

The Bombay High Court said that the prohibition of women’s entry to the mazaar (grave) at Haji Ali was contrary to the fundamental rights of women.

Despite the High Court ruling, women will not be able to enter the shrine just yet as the trust which administers the shrine told the court that it would approach the Supreme Court.

A division bench of Justice Justice V. M. Kanade and Justice Revati Mohite-Dhere stayed the judgement for six weeks to allow an appeal in the Supreme Court.

"The ban imposed on women from entering the Haji Ali dargah is contrary to Articles 14, 15, 19 and 25 of the Constitution of India. Women should be permitted to enter the dargah on par with men," a division bench of Justices V M Kanade and Revati Mohite Dere said.

Under the said Articles, a person is guaranteed equality before law and has the fundamental right to practice any religion he or she wants. They prohibit discrimination on grounds of religion, gender and so on, and provide freedom of conscience and free profession, practice and propagation of religion.

The bench allowed a PIL filed by two women, Zakia Soman and Noorjehan Niaz, challenging the ban on women's entry in the sanctum sanctorum of the dargah.

"The state government and the Haji Ali Dargah Trust will have to take proper steps to ensure safety and security of women entering the dargah," the court said.

The high court had in June this year reserved its verdict on the petition.

The PIL states that gender justice is inherent in Quran and the decision contravenes the Hadith, which proves that there is no prohibition on women visiting graves.

The Maharashtra government had earlier told the court that women should be barred from entering the inner sanctorum of Haji Ali dargah only if it is so enshrined in the Quran.

The ban on women's entry cannot be justified if it is on the basis of an expert's interpretation of the Quran, the then Maharashtra Advocate General Shrihari Aney had argued.

The dargah trust had defended its stand saying that it is referred in Quran that allowing women close proximity to the dargah of a male saint is a grievous sin.

Advocate Shoaib Memon, appearing for the trust had earlier said, "Women are not allowed inside mosques in Saudi Arabia. They are given a separate place to pray. We (trust) have not barred women. It is simply regulated for their safety. The trust not only administers the dargah but also manages the affairs of religion.

Also Read:

Not just Sabarimala and Shingnapur: Muslim women have been fighting gender bias in dargahs too

After Shani temple and Haji Ali, Trupti Desai will spearhead agitation for Sabarimala entry

 

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