 "Haji Ali Dargah")
In a significant judgement, the Bombay High Court today lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah here, saying it contravenes the fundamental rights of a person.
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.
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.
Divulging the details of the judgment, Raju More, the petitioner lawyer, said, "Today, the Bombay High Court has given its reserved judgment and set aside the ban which was imposed on the entry of women and they have restored the status quo 'anti', that means earlier position when women were allowed has been restored."
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.
The lawyer further said that after the pronouncement of the judgment, the Haji Ali Trust said that they wish to go to the Supreme Court and want an eight-week stay.
"I opposed it. I said that since its a restoration of the earlier position, there is no need to grant stay. But the high court felt and rightly so that this is an important constitutional issue and, therefore, they have granted six weeks stay on the operation of the order," he said.
Therefore, the women will not be allowed to enter the sanctum sanctorum of the dargah for the next six weeks.
The ban was imposed in 2012 by the Haji Ali Dargah Trust citing some religious traditions as the reason.
The trust had claimed that separate arrangements have been made for women to walk up to a certain point from where they can offer prayers, but are not permitted to touch the tomb of a male saint as it is a sin in Islam.
