Court lifts ban on women in Haji Ali
LANDMARK VERDICT Bombay HC says fundamental rights violated in keeping women out of shrine’s sanctum sanctorum
MUMBAI: The Bombay high court struck down on Friday a ban on women’s entry into the inner sanctum of Mumbai’s iconic Haji Ali Dargah, hailed as a landmark verdict by activists fighting centuries-old tradition barring female worshippers from religious places in India.
A bench of justices VM Kanade and Revati Mohite-Dere said the ban violated women’s fundamental rights and asked the state to ensure protection for female devotees.
The bench stayed implementation of its order for 6 weeks, allowing the trust to challenge it. The trust said it will move the SC against the verdict.
Though the 600-year-old mausoleum’s history is undocumented, it is believed to be the tomb of an Islamic preacher from Iran. Located on a rocky islet a few hundred metres from the Mumbai shore, the complex is accessible through a narrow causeway during low tide.
The ban on women was imposed in 2012, with the trust saying that women’s presence near the tomb of a revered saint is “a grievous sin” in Islam. A Muslim women’s foundation petitioned the court seeking restoration of pre-2012 rules.
“The court says you have to treat everyone equally, but the Constitution also says that the right of every religion has to be protected,” Suhail Khandwani, a member of the trust said, adding the Shariat (religious laws) prohibited women from touching the tomb.
The court said the trust failed to prove Islam prevented the entry of women in places of worship and also junked the argument that the ban protected women from “sexual harassment”.
Trupti Desai, the face of a crusade against gender bias in religious places, hailed the verdict and said the next goal was to end a ban in Kerala’s Sabarimala temple. “Today, the court has given another historic verdict…” 31-year-old Desai said. Female activists will enter the shrine on August 28 to offer prayers, she added.
Women’s groups welcomed on Friday the Bombay high court’s verdict allowing women entry into the Haji Ali inner sanctum, but the landmark decision divided political parties and angered conservative Muslim leaders.
The petitioners in the case said the decision was a victory for Muslim women and that their next fight would be to get the triple talaq practice banned.
“The agenda for reform in the community is being set by Muslim women who have strong ideological understanding,” said Feroze Mithiborwala of Haji Ali Sab Ke Liye Forum, a group formed to support the Bharatiya Muslim Mahila Andolan (BMMA), the petitioners in the case. “It has been a really long fight,” said Khatoon Shaikh, convener of the Maharashtra unit of BMMA. But the Samajwadi Party (SP) expressed its displeasure, while the All India Majlis-eIttehadul Muslimeen (AIMIM) said it was an issue between the management and the protesting women, and that Islam should not be dragged in it.
The ban was imposed in 2012 by the Haji Ali Dargah Trust citing religious traditions.
The trust defended the ban, saying the entry of women in close proximity to the tomb of a male saint is seen as a grievous sin in Islam.Samajwadi Party state president Abu Azmi said the decision interfered with Muslim personal law. “Women are not being disallowed, but there is just a certain restriction which is according to Islam. The trust has some powers and has utilised them,” said Azmi. He added that the verdict would be challenged in the Supreme Court. The trust had made separate arrangements for women to walk up to a certain point from where they could offer prayers.
“The AIMIM has nothing to do with individual decisions taken by the management and even the protests had our party members demonstrating in their personal capacity. It is a verdict given to a single dargah and hence, the management has to decide the next course of action,” said Imtiyaz Jaleel, AIMIM legislator.
But conservative leaders flayed the decision, saying the entry of women had become a political game. “There are boundaries for women in Sharia law, people need to know that before interfering. It seems like the court has taken the step without knowing Sharia law,” Maulana Sajid Rashidi said.