The Haji Ali Verdict for Women: Big Blow to Pseudo Believes

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Bombay High Court lifted the ban on women’s entry into the inner sanctum of Haji Ali Durgah and gave them equal access to the sacred place.[i] It is again a new victory for women activists who are protesting and coming to the court to bring gender equality to holy sites. The court said the ban imposed on women visiting the sanctum sanctorum of the tomb of a venerated Sufi saint was discriminatory and violated the Constitution. This is another milestone achieved for the activists after the protest for Shani Shignapur Temples, when in April after the intervention of court the temple authorities allowed the entry of women inside the Hindu temple[ii].

In Haji Ali case, a PIL was filed in 2014 by two activists of the Mumbai-based Bharatiya Muslim Mahila Andolan which is a women’s led organization for rights. The protest started after the shrine authorities put up a steel barricade for barring the women’s entry inside holy part of the tomb. During the court trial, the women told that the first reason given by the shrine authorities for such ban was “women wearing blouses with wide necks bend” on the tomb, “showing their breasts” while the shrine authority’s lawyer, Mr. Shoaib Ibrahim Memon argued that Islam does not allow free mixing of women and men and the ban imposed is to limit the interaction between women and men at a modest level.[iii] He also said that the whole protest of the activists is just for publicity and he wouldn’t even allow his wife and daughter to visit the tomb to be jostled around men.

While the bench comprising Justice VM Kanade AMD and Justice Revati Mohite Dhere,[iv] while answering the plea by activists and the Bharatiya Muslim Mahila Andolan, found that not allowing women’s entry in the Durgah will result against Articles 14, 15, 19 and 25 of the Indian constitution, which gives the right against discrimination in Gender or sex and right to equality for freedom of religion and to freedom of movement. The court also said the matter of women safety from harassment should be ensured by the authorities and trustees of Haji Ali Durgah.

Prior to 2011 there was no discrimination against women in entering the inner part of the Durgah  but in March 2011 the shrine authorities imposed a ban on entry of women saying that it is a ‘grievous sin’ and that in Islam a women touching or going near to a grave of male Muslim saint is considered as sin.

The question is where the religion which avowedly supports the justice in gender in the foundational scripture, the Holy Quaran, allows such restriction of entry in the Durgah?

“However, freshly minted zealot Muslims who abhor women visiting Sufi shrines, historic tombs, mausoleums and graves of the Prophet’s companions (Sahaba) and other great spiritual figures should rethink their position in the light of well-established Islamic traditions. Equating women’s visit to holy shrines with the pre-Islamic pagan practice of moaning and wailing at graves is untenable.”[v]

The court refused to accept such arguments of the trust and said that simply stating that it is sin and quoting verses from the Quran is not enough particularly when it allowed the entry of women till 2011. The verse does not show that entry of women is not permitted at all in the Durgah and that it is sinful. It also said that they have to consider that practice that has been challenged is an essential part of the Quran.  The trust was unable to satisfy the restriction legally and therefore the court said that such ban is an essential part of Quran and if taking away that part of the practice would result in a fundamental change in the character of the religion or belief.

While welcoming the High Court decision the activists who were fighting on behalf of the Muslim women for their rights visited the shrine with a sense of victory while celebrating women power. This judgment was a slap on those faces who uses religion to impose their patriarchal beliefs. Finally, it is a small step in giving the right to women which the constitution provides them and which was taken away from them.  This protest and victory of the activists give a deep message that if women are united irrespective of their caste and religion they can break the limits and achieve everything.

However, this was a big blow to pseudo secular practices and believes.

Though the trust has decided to appeal in Supreme Court, women want to enjoy their freedom and seek blessings from Haji Ali Durgah to prepare for another fight for their rights.

By: Harsha Uikey

 

[i] ANI, Bombay HC to decide on entry of women to Haji Ali today, The Indian Express, June 28 2016

http://indianexpress.com/article/india/india-news-india/trupti-desai-haji-ali-entry-of-women-bombay-high-court-verdict-2880566/

[ii] PTI, Shani Shingnapur temple lifts ban on women’s entry, The Hindu, April 8, 2016

http://www.thehindu.com/news/national/other-states/shani-shingnapur-temple-lifts-ban-on-womens-entry/article8451406.ece

[iii] Krishna Pokharel, Indian Court Ends Restrictions on Women’s Access to Famous Muslim Shrine, The Wall Street Journal, August 26, 2016

http://blogs.wsj.com/indiarealtime/2016/08/26/indian-court-ends-restrictions-on-womens-access-to-famous-muslim-shrine/

[iv] Ayesha Arvind, HC allows women’s entry into Haji Ali inner sanctum, trust to appeal verdict,Hindustan Times, August 26,2016

http://www.hindustantimes.com/india-news/in-landmark-ruling-bombay-hc-allows-women-s-entry-into-haji-ali-inner-sanctorum/story-G6Mm88AI74yZxDHR0lZMvK.html

[v] Ghulam Rasool Dehlvi , “What Stops Muslim Women’s Entry into Haji Ali Dargah’s Sanctorum: Islam or Male Chauvinism?”,New Age Islam, May 2,2016,

http://new-age-islam.blogspot.in/2016/05/what-stops-muslim-womens-entry-into.html

 

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