In a Landmark verdict on Friday, the Bombay high court struck down a ban on the entry of women into the inner Sanctorum of the Haji Ali Dargah. The ban was imposed somewhere between March and June 2012 by the Haji Ali Dargah Trust. This is a really important verdict for a country where female worshippers are still barred in most religious places.
Bombay High Court’s Ruling:
A bench of Justice Vidyasagar Kanade and Justice Revati Mohite-Dere ruled on a public interest litigation which urged lifting restriction on women inside the inner sanctum which houses the mazaar or tomb of the saint. The bench held that it is in contravention of Articles 14 (Right to Life), 15 (Prohibition of discrimination)and 21 (Right to Equality) of the Constitution of India. It directed the status quo ante to be restored and women be allowed entry on par with men.
Friday’s verdict is part of a larger campaign for allowing women entry into shrines and strike down what activists say is regressive gender bias among religious leaders.Earlier this year, activist Tripti Desai and hundreds of women entered the holy Shani Shani temple in Maharashtra.
The top court has come down heavily on the trust, asking if menstruation – a biological phenomenon could be grounds for “discrimination”. Further respected Court said that “Do you to mean to say that mensuration is associated with purity of women? You are making the distinction based on purity… Now the question is whether the Constitutional principles allow this?” the top court asked.