The Bombay High Court on Wednesday favoured the entry of women into the famous Shani Shingnapur temple in Ahmednagar district of Maharashtra, through its telling observation that “no law prevents women from entering a place of worship and if men are allowed, then women too should be permitted”.
During a hearing on a public interest litigation challenging prohibition of women’s entry into the Shani Shingnapur temple, a HC division bench of Chief Justice DH Waghela and Justice MS Sonak sent out a stern message to the temple management that under the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956, any temple or person imposing such restriction could face a six-month-jail term.
“There is no law that prevents entry of women in any place. If you allow men then you should allow women also. If a man can go and pray before the deity, then why cannot a woman (do so)IJ It is the State Government’s duty to protect the rights of women,” Chief Justice Waghela noted.
Hearing a PIl filed by senior advocate Nilima Vartak and activist Vidya Bal,
the HC Bench also observed,
“If it is the sanctity of the deity that you are worried about then let the Government make such a statement.
Under the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956, if any temple or person prohibits any person from entering a temple then he or she faces a six-month imprisonment”.
The HC bench directed the Government pleader Abhinandan Vagyani to take instructions and make a statement on Friday (April 1) on whether or not it will ensure the entry of women to the temple.
The Judges also asked the State Government to give wide publicity to the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956 and issue circulars, informing the general public at large about the Act and its provisions.
Among other things, the petitioners have stated that the prohibition of women into the temple is “arbitrary, illegal and in violation of fundamental rights of citizens”. They have not only sought entry of women into the temple, but also inside the sanctum sanctorum.
The invocation of the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956 has come as a big boost to the women activists owing affiliation to the Bhumata Rangranai Brigade (BRB), who have for the past three months been crusading against the gender bias at places of worship.
There have so far been two unsuccessful attempts by the BRB activists to storm as many as temples to seek entry into their worship areas.
It may be recalled that on January 26, 500-odd activists were detained by the Ahmednagar police at Supe toll naka, while they were on their way to storm the Shani Shingnapur temple and force entry inside the temple’s sanctum sanctorum. Subsequently on March 7, more than 100 women activists owing affiliation to the BRB, led by Trupti Desai, were detained when they were on their way from Pune to Nashik to storm the Trimbakeswar temple seeking an entry into its sanctum sanctorum.
The failed attempt by the BRB women activists to storm the Shani Shingnapur temple on the occasion of Republic Day had come in the wake of a sensation that a woman from Pune had created by breaking a five-century-old taboo, climbed up to “chauthara” (a platform) housing the idol of lord Shani on November 28 last year.
The act of her performing puja had been captured on the CCTV of the temple the following morning. Irked by the incident, the temple management sacked seven security personnel and “purified” the idol by performing an “abhisheka” with milk on the following day.
Ironically enough, the protest action by BRB had come a fortnight after the temple management created history of sorts by electing unanimously Anita Chandrahas Shetye as the first-ever woman chairperson of the temple trust.
After her election as the chairperson of the temple trust on January 11, Anita Shetye had announced that she would continue to enforce the five-century-old tradition of barring women from climbing up to “chauthara” housing the presiding deity to offer prayers.
Meanwhile, the Bombay High Court has yet to give its ruling on a similar petition challenging a ban on the entry of women into the sanctum sanctorum of the iconic Haji Ali dargah at Worli in south-central Mumbai. In that case, the BJP-led Maharashtra Government had told the High Court that it was in favour of the women entering the sanctum sanctorum of the Haji Ali dargah.
In that case, the High Court had at one stage - January 18 this year - had bought some more time to give its ruling on a petition challenging the ban on the entry of women into the sanctum sanctorum of the Haji Ali dargah here, saying that it would wait for the Supreme Court’s verdict on the entry of women in Sabarimala temple of Kerala.
