In a landmark verdict, the Bombay High Court on Friday ordered that women be permitted to enter the sanctum sanctorum of the iconic Haji Al dargah at Worli in south Mumbai “at par with men”, after holding that the ban imposed by the shrine’s managing trust on entry of women into the inner place of worship was in contravention of the Constitution.
A Division Bench of Justices VM Kanade and Revati Mohite Dere ruled, “We hold that the ban imposed by Haji Ali Dargah Trust, prohibiting women from entering the sanctum sanctorum contravenes Articles 14, 15 and 25 of the Constitution, and as such restore status-quo ante i.e. women be permitted to enter the sanctum sanctorum at par with men”.
In its ruling on a petition filed by Dr Noorjehan Safia Naiz and Zakia Soman of Bharatiya Muslim Mahila Andolan, challenging the ban, the HC Bench directed the Maharashtra Government and the shrine’s managing trust to take effective steps to ensure the safety of women at the shrine.
The HC’s verdict came in for wholesome praise from various quarters.Expressing happiness petitioner Dr Naiz said, “We welcome this historic judgment. It is a big step towards ensuring gender justice for Muslim women.”
However, the Bench stayed the implementation of the order for six weeks to enable the trust to move the Supreme Court.
Indicating that the trust would move the SC against the verdict, trustee Suhail Khandwani said, “We would have to sit down and study the order before we take any step”.
Friday’s was the second major verdict given by the Bombay HC in a matter relating to the entry of women into the sanctum sanctorum of a place of worship.
Earlier on April 1, 2016, the HC, while giving a ruling on a petition challenging the ban on entry of women in the Shani Shingnapur temple, had held that it was the fundamental right of women to enter temples and it was the State’s duty to protect it.
Rejecting outright the dargah Trust’s ban, the Bench observed, “The Trust has no right to discriminate entry of women into a public place of worship under the guise of managing the affairs of religion under Article 26 and as such, the State will have to ensure protection of rights of all its citizens guaranteed under Part III of the Constitution… to protect against discrimination based on gender”.
“In fact, the right to manage the Trust cannot override the right to practice religion itself, as Article 26 cannot be seen to abridge or abrogate the right guaranteed under Article 25 of the Constitution,” the HC Bench observed.
Dismissing the Trust’s justification that the ban was imposed to ensure the safety of women and prevent sexual harassment, the Bench said, “It is stated that the ban is in keeping with the decision of the Apex Court, wherein stringent directions have been issued to ensure that there is no sexual harassment to women at places of worship. We may note that the said submission is completely misplaced and misconceived”.
The judges also observed that the Trust was at liberty to take measures to prevent sexual harassment of women at the shrine by making provisions for separate queues for men and women, as was done earlier.
“It is also the duty of the State to ensure the safety of women at such places. The State is equally under an obligation to ensure that the fundamental rights guaranteed under Articles 14, 15 and 25 of the Constitution are protected and that the right of access into the sanctum sanctorum of the Haji Ali Dargah is not denied to women,” the Bench noted.
It may be recalled that the management of Mumbai’s iconic Sufi shrine had in November 2012 stoked a controversy over its decision to ban women from entering the mazaar housing the tomb of a 15th century saint inside the shrine.