Muslim women entry into mosques – Supreme Court asks Centre to reply by Nov 5

The Apex court of India has sought a reply from the Center on allowing Muslim women to enter mosques

The Apex court of India has sought a reply from the Center on allowing Muslim women to enter mosques
The Apex court of India has sought a reply from the Center on allowing Muslim women to enter mosques

After banning the barbaric instant Triple Talaq, the Supreme Court has allowed one more crucial landmark case in delivering justice to Muslim women in India. The Apex court on Friday sought the Central Government’s response by November 5 on a plea seeking entry of Muslim women into mosques across the country and claiming that such restriction was “unconstitutional” and violative of fundamental rights to life, equality, and gender justice.

Chief Justice Ranjan Gogoi-headed bench took note of the fact that it had issued notices to many parties, which included Union Ministries of Women and Child Welfare,  Law and Justice, and Minority Affairs, and the National Commission for Women, in April and three respondents (parties) have not been served with its notices.

Referring to the Constitutional provisions, the petitioners said there should not be any discrimination against any citizen of the country on the ground of religion, race, caste, sex and place of birth.

The bench, also comprising justices S A Bobde and S A Nazeer, ordered that the notices along with copies of the petition be served on the Maharashtra State Board of Wakf, Central Wakf Council and All India Muslim Personal Law Board. The bench then fixed the plea filed by Yasmeen Zuber Ahmad Peerzade and Zuber Ahmad Nazir Ahmad Peerzade, a Pune-based couple, for further hearing on November 5. The central government, represented by lawyer Rajat Nair, on Friday accepted the notice.

A majority of the mosques ban the entry of women or placed a separate place, preventing women to enter common places like men, the petition pointed out. It said very few mosques allow free entry to women. The plea sought issuance of a direction to the government authorities and Muslim bodies to allow entry of Muslim women into mosques to offer namaz there. Most of the mosques don’t allow women to perform namaz in common areas. Some mosques have separate closed enclosures for women barring entry into the main areas.  Some mosques have back door entry for women for going to the enclosures, said the petition showing a series of injustices to the Muslim women by the community.
“Permit Muslim women to enter through the main door of mosques and have an Islamic right to visual and auditory access to the musalla (main sanctuary),” it said, adding that “any fatwa”, restraining women from entering mosques, of Muslim bodies be set aside.  The petition also said that the alleged customary tradition be held as “unconstitutional and violative of Articles 14 (right to equality), 15 (gender justice) and 21 (right to life and liberty) of the Constitution”.

Referring to the Constitutional provisions, the petitioners said there should not be any discrimination against any citizen of the country on the ground of religion, race, caste, sex and place of birth. They added that a life of dignity and equality is the most sacrosanct fundamental right and a Muslim woman cannot be prohibited from entering a mosque.  The petitioners had told the court that the mosques in India were enjoying the benefits and grant extended to them by the State and hence they can be directed to allow entry of women inside mosques.

While issuing the notice, the Supreme Court had earlier said that it would hear the PIL only because of its judgment in the Sabarimala temple case. Petitions from Muslim women from Kerala also pointed out that many mosques in Kerala ban the entry of women mosques.

The Triple Talaq ban

After the Triple Talaq ban, many Muslim women organizations have approached the Supreme Court to ban the most barbaric activity called Nikah Halala. This barbaric practice is still practiced in many Muslim areas. As per this notorious practice, if any divorced Muslim woman patches up with her husband, she must go for a temporary marriage with another person before going to her first husband. The temporary marriage known as Nikah Halala will be performed by accepting some fee from her family and she must spend one or two nights with the stranger or hired temporary husband approved by the local Muslim Mosque Councils. The petitions for banning Nikah Halala is now pending before the Apex court.

Supreme Court first intervened in providing justice to Muslim women in the mid-80s in the famous landmark case – Shah Bano case – by providing maintenance and equal rights[1].

References:

[1] What is Shah Bano case? Aug 23, 2017, The Indian Express

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2 COMMENTS

  1. Supreme court of India really has to think from the point of the country n it’s growth.
    I really don’t see any need to interfere in one beliefs policies.
    Let their women ask their imams or the court in large numbers…. Why should the court interfere in such religious issues.. this is like the interference in Sabarimala where none of the women devotees wanted to enter but just to please some international interest or political interest this was took by supreme court.

    Will people in courts have some sense ? Have some concern for the country?

    Andhra CM a Christian trying to set rules for Hindu temples is a concern for the court… Because this is interfering in another faiths already established rules.

    Jagannath temple in Puri — a lot of age old traditional buildings n Hindu mutts being destroyed to beautify Puri should be a concern for the courts… — if Aarey was took up to protect trees so should this Puri demolition should have been took up n justice been done…

    Again, will people try to beautify madurai Meenakshi temple by removing all the shops (many of them are Christian or muslim ) in all the four streets surrounding the temple… You can see a few churches n mosques too ….
    Will the government try to demolish all these buildings n beautify Meenakshi temple?
    When the occupants are poor Hindus or law abiding lawful Hindus , government carries out all atrocities but when they are filled with minorities or big shops they don’t interfer….!! What a country? What an education system? What a judiciary?

    And here on top of it all we see USA (it’s none of your bloody business to talk about our country n the minorities because in India only minority enjoy all rights) worried about minorities in India ?
    I ask the USA government to first give the same rights to Hindus living in India…- minority rights to set up schools, hospitals, no tax for staffs, no tax for temples , scholarships to minority students …. Then you can come n preach about India’s way of treating minorities…

    Again a common concern for the courts can be the increasing land occupation by Christian groups for burial grounds.. this is a national concern… Talk about it n pass judgement if you can…let’s see how unbiased the courts are for all religions…
    Most of the main areas are burial grounds…in the city…why don’t they be demolished (when hindu mutts can be demolished why not burial grounds?)
    Give them barren lands outside the cities ?
    Or pass laws that they should do electrification of the dead bodies…

    If justice prevails the country flourishes but injustice ruins the country. Courts n judges are not masters of the world. For what they do here they will either suffer here or in the birth after.

    Most of the judges n lawyers being born to rich are educated in elite convents n they are deeply influenced by Western thoughts…

    Come out of it n learn to think unbiased.

  2. Yes. MUSLIM WOMEN CAN ENTER MOSQUES.
    But need SECURITY & PROTECTION to women
    Seperate Wash rooms should be provided separately. Partition in the mosque has to be there where woman can pray separately..

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