Bombay HC: No Ban On The Entry Of Women To Haji Ali Dargah

Haji Ali Dargah

On Friday, Bombay High Court pronounced its verdicts regarding the women’s entry to the Inner Sanctum of Haji-Ali Dargah in Bombay. The Court directed that the door of the inner Sanctum of the Haji Ali Dargah should be open for the women. Dargah Trust and State have also been directed that they should make proper arrangement for the protection of the women.

A division bench of two Judges of High Court, which includes Justice VM Kanade and Justice Revati Mohite-Dere, declared that the ban on the women’s entry to the Haji Ali Dargah is violative the fundamental rights of people. The ban was also told be violative of the articles 14, 15, 19, 21 and 25 of India’s Constitution so no ban should be imposed on women and they should be allowed on par with men.

women allowed entry in Haji Ali Dargah
Photo Credit: http://www.oneindia.com/india/bombay-hc-permits-women-inside-haji-ali-dargah-2192232.html

The article 14 says equality before the law, 15 opposes Religion based discrimination, 19 is for assurance of certain freedom, 21 says personal life and liberty’s protection, and 25 is about Freedom of conscience along with free propagation, practice, and profession of religion.

Haji Ali Dargah
Photo Credit: http://www.mountainsoftravelphotos.com/India/Mumbai%20Best/slides/18%20Haji%20Ali%20Dargah%20Mumbai%20Tomb%20Of%20Pir%20Haji%20Ali%20Shah%20Bukhari%20In%20The%20Main%20Shrine.html

Haji Ali Dargah Trust wants to go the Supreme Court to challenge it, so Court has given a stay on its order for six weeks on the plea of the Dargah Trust. According to the ANI_news’ tweet, Haji Rafat MIM said that High Court should not have gotten in the way, but now it has given its judgment, they will go to the SC. While Maulana Sajid Rashidi said that it looks like Court has given its judgment without going through the Sharia Law, according to the ANI_news’ tweet.

A number of women activists filed a PIL (Public Interest Litigation) to remove the ban on women from entering into the inner Sanctum of the Haji Ali Dargah. The HC gave its decision after hearing this PIL.

women allowed entry in Haji Ali Dargah
Photo Credit: http://news.chennaionline.in/Now-Women-Activists-Seek-Entry-into-Haji-Ali-Dargah-964694

A Muslim woman petitioner named Zakia Soman seemed happy. She told the judgment a great step in the direction of the justice for Muslim women, according to the ANI news. Tripti Desai who is the gender rights activist also seemed happy with HC decision. She told the decision a historic one. She welcomed it and told it a great victory for women; ANI news twitted it.

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