In a significant judgment, the Bombay High Court on Friday Aug 26,2016 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 Bombay High 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.
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