The recent Bombay High Court order directing the managing trustees of the city’s famous Haji Ali Dargah to allow women to enter the mausole of the Sufi saint Hali Ali Shah is a great achievement for the activists of the Bharatiya Muslim Mahila Andolan. The final implementation of the verdict will be stayed for six weeks so as to allow the trust to appeal to the Supreme Court. With this, the High Court has revived the 147 year old Sufi tradition of worship at Haji Ali. It is surprising to note that till 2012, women were allowed to enter inside the tomb. And only after 2012, the trustees had banned women entry as some religious scholars told that it is purely un-Islamic and sin for women to touch the tomb of the saint.
Also, the menstruating women were considered unclean so they cannot be allowed inside. The advocate who defended the ban of women stated that the Quranic verses, pronouncements of Prophet Mohammed and Hadiths do not approve of the free mixing of men and women. Beyond this what appears to be entirely illogical is that the trustees prevented women entry by citing the apex court’s direction that sexual harassment of women must be stopped in places of worship. Thus they justify separating the male devotees from the females.
However the High Court clearly explained that as it is registered as a public charitable trust and the land where the dargah is currently situated was given on lease by the Government, so the managing trustees have no right to prevent the entry of women into a public place of worship. Hence the trustees cannot apply Article 26 of the Constitution which allows the management of religious affairs independent of state action. Only on the pretext of securing the safety of women inside the dargah, the trust can no way prevent women to the mausole. It is the responsibility of the every public trust to ensure safety and security of women, but this can surely be done without banning women inside.
India has moved a long journey towards the equality of men and women. The High Court has given an exemplary judgement and the apex court should honour the same. Our womenfolk must not be allowed to be discriminated by some religious zealots who are not aware of the dynamics of the outside world and those who try to misplace and misconceive the constitutional provisions of the country. Truly speaking it is simple male bias that still rules many of our religious institutions.