HC allows women entry into inner sanctum of Mumbai's Haji Ali dargah. Court also asks the Maharashtra government to ensure the safety of women who enter the place
In a significant judgement, the Bombay High Court today lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah in Mumbai, saying it contravenes the fundamental rights of a person.
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The court has, however, stayed its order for six weeks following a plea by Haji Ali Dargah Trust, which wants to challenge it 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.
Read Story: I prayed for better sense to prevail: Trupti Desai on Haji Ali visit
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."
Here’s a look at how Twitterati reacted to the Haji Ali verdict
Just think how many times Indian judiciary gives us joy. It has become almost like @isro ðÂu00c2u009fÂu00c2u0098Âu00c2u0080 #HajiAli
— Prof. Shubha Tiwari (@TiwariProf) August 26, 2016
#Bombayhighcourt appears to have said allow women into #hajiali but we won't enforce it. We're scared.
— Nayanika (@nayanikaaa) August 26, 2016
Such an amazing feelin we are in 2016 and still there are laws that stop women from worshipping their God. #HajiAli Now that has bn revised
— Danesh (@Daneshest) August 26, 2016
The Courts should override personal laws that don't meet the bar of Article 14. #HajiAli https://t.co/gTCWf1uKnC
— Akash Satyawali (@AkashSatyawali) August 26, 2016
Shame on MIM being upset with HC decision on #HajiAli What kind of audacity? What makes them think they are above constitution?
— Sanjukta Basu (@sanjukta) August 26, 2016
Brilliant! HC rules women can enter #HajiAli sanctum sanctorum. Foolishly, trust says it will challenge the verdict.
— Ashraf Engineer (@AshrafEngineer) August 26, 2016
#HajiAli HC should not have interfered but now that they have given a decision against us we will approach SC: Haji Rafat,MIM
— Rosy (@rose_k01) August 26, 2016
Bombay HC's landmark ruling is a step closer to an equal world #HajiAli
— Himanshu singh (@cooldudromi) August 26, 2016
Btw Since when hv women been banned from #HajiAli? I remember seeing women inside the Dargah in this Fiza song. ðÂu00c2u009fÂu00c2u0098Âu00c2u0095https://t.co/yZbAXjGSSB
— à¤Âu00c2u009cयशà¥Âu00c2u008dरà¥Âu00c2u0080 (@AAPkSaath) August 26, 2016
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