Women’s entry to Haji Ali shrine: Dargah Trust moves SC

Trust moved SC challenging Bombay high court order lifting the ban on women from entering the sanctum sanctorum of the renowned Muslim shrine

Members of the Haji Ali Dargah Trust on Monday moved the Supreme Court (SC) challenging the Bombay high court (HC) order lifting the ban on women from entering the sanctum sanctorum of the renowned Muslim shrine.

The high court in its 56 page-judgment had also noted that the “right to manage the Trust cannot override the right to practice religion itself”. (AFP photo)

The high court on August 26 had held that the ban prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum.

The court had allowed public interest litigation (PIL) filed by two women — Zakia Soman and Noorjehan Niaz, from NGO Bharatiya Muslim Mahila Andolan — challenging the ban on women’s entry into the sanctum sanctorum from 2012. The held that the trust had no power to alter or modify the mode or manner of religious practices of any individual or any group.

The high court in its 56 page-judgment had also noted that the “right to manage the Trust cannot override the right to practice religion itself”.

It had said the trust has not been able to justify the ban legally or otherwise, and hence it cannot be said that the prohibition is an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief.