Haji Ali verdict: Bombay High Court lifts ban on women's entry; trust to challenge order in SC


Web Desk, 25 August, 2016:
The trust doesn't enable girls to enter the inner sanctorum of the dargah. city court has explicit  that the ban obligatory on girls is contrary to the elemental rights of an individual as provided in Constitution. HC additionally aforementioned that ladies ought to be allowable within the dargah along side men and Maharashtra government ought to guarantee their safety.

The city court command the ban on the entry of girls within the inner sanctorum of the hadji Ali dargah in Bombay as unconstitutional and offending of article fourteen, 15, twenty one of the Constitution of Asian nation, on Friday. The 3 articles relate to equality to any or all no gender discrimination supported faith and right to life and liberty.

A division bench of Justice VM Kanade and Justice Revati Mohite Dhere asked the Maharashtra government to implement this order permitting the entry of lady. However, since the trust hunted for time to challenge the order within the Supreme Court, the court stayed its order for 6 weeks. The court has asked the state to provide necessary protection to the respondents.

The ban was obligatory in 2012 by the hadji Ali Dargah Trust citing some spiritual traditions because the reason. Two women, Zakia GD and Noorjehan Niaz had filed the PIL difficult the ban on entry of lady. The PIL states that gender justice is inherent in Koran and therefore the call contravenes the Hadiths, that proves that there's no prohibition on girls visiting graves.

The regime has told the court that ladies ought to be barred from getting into the inner sanctorum of hadji Ali Dargah providing it's thus enshrined within the Koran. The ban on women's entry can't be even if it's on the premise of Associate in Nursing expert's interpretation of the Koran, argued advocate general Shrihari Aney.
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On whether or not the court will interfere within the customs and traditions of a faith, Aney said: “If the faith (Islam) goes to fall if girls ar allowed entry, then the ban ought to prevail over basic rights.”

The dargah trust defended its stand locution that it's referred in Koran that permitting girls shut proximity to the dargah of a male saint could be a grievous sin. Advocate Shoaib Memon said: “Women don't seem to be allowed within mosques in Asian nation. they're given a separate place to wish. we tend to (trust) haven't barred girls. it's merely regulated for his or her safety. The trust not solely administers the dargah however additionally manages the affairs of faith.”

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