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Supreme Court Dismisses The Plea To Allow Muslim Women’s Entry In Mosques
The petition was filed by Swamy Dethathreya Sai Swaroop Nath, who is the state president of Akhila Bharatha Hindu Maha Sabha, Kerala unit. He has submitted the petition on the context that it is need of the hour to allow Muslim women devotees in mosques for prayers along with men after the Sabarimala Judgment. He submitted that the women are discriminated by not allowing them to enter and pray in the main prayer hall. He also imposed the dress-code led to an encroachment into the realm of personal liberty and social security. The High Court division bench of Chief Justice Hrishikesh Roy and Justice A K Jayansakaran Nambiar gave judgment on October 11, observed that the petitioner failed to establish that there's denial of women's entry to Kerala mosques. “A petition alleging violation of fundamental rights must indicate the nature of the right that is allegedly breached, the factual components of such right, as also the action that resulted in its breach. There is no material to suggest there exist a practice of denying entry. It may not be possible for this Court, in proceedings under Article 226 of the Constitution of India, to embark upon a fact finding enquiry as regards existence of any such practise, and whether the said practice amounts to breach of fundamental rights under Articles 14, 21 or 25 of the Constitution.” The High Court was also not impressed by the locus standi and also expressed that the petition was motivated by desire to have "cheap publicity". The Supreme Court has also dismissed the plea were the Chief Justice of India remarked stating that “Let a Muslim Women challenge it.”
