Allow Cookies!
By using our website, you agree to the use of cookies
In a plea filed by muslim couple in the Apex Court, Justice S.A. Bobde asked who denied you entry? You tried to enter and were denied by virtue of an order or a law?
The Supreme Court today issued notice to the Central government and the All India Muslim Personal Law Board in the petition seeking the entry of Muslim women into mosques.Proceeding went on like
Advocate Ashutosh Dubey appeared for the petitioners.
When the case came up, the Court quizzed the petitioner’s counsel on different aspects.
“Have you tried to enter, has anybody prevented you”, Bobde J. asked
“Yes”, said Dubey.
“Are there other mosques where women are permitted to enter”, askedBobde J.
Dubey cited the example of Mecca.
Bobde J. then asked whether Right to Equality under Article 14 can be claimed against non-State actors.
“Can a fundamental right to equality be asserted against another Human Being/ individual? Will Article 14 apply to individual and can you claim equality of treatment from another human being? You don’t want somebody to enter your house, can that person call for police help and enter your house?”, the Court asked.
The Court further queried whether a mosque, temple or Church is a State or not?
“Is mosque, temple or church a State?”
Dubey said that the bodies managing the affairs of mosques takes benefits from State and are thus State actors.
The Court then issued notice.
Justice Bobde, while issuing notice, stated that the only reason the Court will hear this matter is owing to the judgment in the Sabarimala case.
women are allowed to offer prayers at mosques under Jamaat-e-Islami and Mujahid denominations, while they are barred from mosques under the predominant Sunni faction, the petition notes.
Even in the mosques where women are allowed, there are separate entrances and enclosures for worship for men and women.
Regarding the right to religion under Article 25, the petition states that it is not absolute, but subject to public order, morality and health.
The petitioners have argued that the Legislature has failed to ensure the basic dignity and equality of women in general and Muslim women in particular when it concerns matters related to their entry into mosques and wearing burqa.
The Supreme Court bench, also comprising Justice Abdul Nazeer, was hearing a Muslim couple's plea challenging the practice of prohibiting entry of women in mosques in India as being violative of Articles 14, 15, 21, 25 and 29 of the Constitution. Then the judge inquired about a similar case before the Bombay High Court in context of the Haji Ali Dargah and another before the Kerala High Court.
However, the bench issued notice to the Central Government, the Waqf Board and All India Muslim Personal Law Board on account of the heavy reliance in the petition on the Sabarimala Temple Entry verdict (the decision on the review of which is yet to be pronounced).
86540
103860
630
114
59824