Women Allowed Entry Into Haji Ali Dargah

On Friday in a historic verdict, the Bombay High Court has permitted the entry of women up to the restricted area in the famous 15th-century shrine Haji Ali Dargah, that is located off the Worli seashore.

The Haji Ali authorities however are not happy with the decision.

“In fact, the right to manage the Trust can not override the right to practice religion itself, as Article 26 can not be seen to abridge or abrogate the right guaranteed under Article 25”, said the HC. However, political voices have openly defied the court orders regarding celebration of Janmashtami and height of Ganesh idols.

Zakia Soman of the rights group Bharatiya Muslim Mahila Andolan (BMMA), which had challenged the ban in the high court, has praised Friday’s “landmark” ruling.

The division bench of Justice VM Kanade and Justice Revati Mohite Dere held that the ban was violating Articles 14, 15 and 25 of the constitution. Women were not allowed to enter the shrine. Till now women were not allowed inside and had be satisfied by offering prayers outside the Sanctum.

“In Haji Ali Dargah, women should be now respectfully allowed to enter the inner sanctum”, she added. As Zakia said, “it is not as if women are going to rush to pray at the shrine, we will go of course when it is finally decided, but it is a major victory for us”.

The court also refused to accept the justification of the trust that the ban was imposed for safety and security of the women, in particular, to prevent sexual harassment of women at places of worship. Maulana Asjad Raza Khan Qadri, who is also the Bareilly city Qazi, said, “Entry of women into the inner sanctum of dargahs is not allowed as it brings bad things on them”. “No religious saint will discriminate between men and women”. Another office-bearer of the Trust, who did not wish to be named, said the board of trustees would meet and study the judgment. This was in response to a high voltage campaign by activists led by Trupti Desai, with the Bombay High Court directives for unrestricted access being implemented by the Trust.

The Trust had defended the ban saying entry of women in close proximity to the tomb of a male saint is grievous sin in Islam. “Earlier, women were allowed to enter the inner sanctum of Haji Ali and then all of sudden taking stand that women would not be allowed, there was no apparent logic behind that, except people were not maintaining order that was creating a problem for the administration”.

“Unlike them, we will not like to come in the way of their democratic rights”.

Following the submissions of the petitioners that they were seeking relief only meant to raise questions on Islam, HC had agreed to pass interim orders on the plea, though cautioning that the Apex Court’s order on the Sabarimala temple entry row will have a “direct bearing” on its orders on Haji Ali.