A division bench of Justice V M Kanade and Justice Revati Mohite-Dere of the Bombay High Court has directed that women should be allowed entry into the inner sanctum of the Haji Ali Dargah at par with men. The bench has said that the ban on the entry of women was violative of articles 14 (Equality before law), article 15 (prohibition of discrimination on grounds of religion, caste, sex), article 19 (1)(d) (to move freely throughout the territory of India), article 21 ( protection of personal life and liberty) and article 25 (freedom of conscience and free profession, practice and propogation of religion) of the Indian Constitution.
The ban was imposed in 2012 by the Haji Ali Dargah Trust citing religious traditions. Authorities defended the ban by saying that entry of women in close proximity to the grave of a male Muslim saint is considered a grievous sin in Islam. The trust had claimed that separate arrangements have been made for women to walk up to a certain point from where they can offer prayers. Its advocate Shoaib Memon argued that Article 26 of the Constitution of India confers upon the trust a fundamental right to manage its own affairs in matters of religion and as such interference is uncalled for by third agency.”
The High Court pronounced the judgment after hearing a Public Interest Litigation (PIL) filed by several women activists urging the court to lift restrictions imposed on entry of women in the dargah by the Haji Ali Dargah Trust.
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