["Assuming Sharia says something which is contrary to the principles enshrined in the Constitution of India, it is the Constitution alone which, as the supreme law of the land, should prevail over contravening personal laws,'' the petition stated.]
http://timesofindia.indiatimes.com/city/mumbai/PIL-over-ban-on-women-in-Haji-Ali-inner-sanctum/articleshow/45162489.cms PIL over ban on women in Haji Ali inner sanctum Rosy Sequeira,TNN | Nov 16, 2014, 12.00 AM IST Mumbai: The Muslim community will become all the more regressive, says a public interest litigation filed in the Bombay high court challenging the ban on women entering the inner sanctum of Haji Ali Dargah, which houses the mazaar (tomb) of the saint and has millions of visitors every year. Currently, women are allowed only to the point from where they can see the tomb and offer prayers. The PIL is filed by activists Noorjehan Niaz and Zakia Soman of the Bharatiya Muslim Mahila Andolan, who experienced "first hand the restriction which was imposed somewhere between March 2011 and June 2012". They said right from their childhood they were allowed unimpeded access to the inner sanctum (mazaar) but now there is a barricade. A trustee in July 2012 told them the decision was taken for the safety and security of women and is based on Shariat provisions, which they began following no sooner they realized they were making a mistake. The petitioners, thereafter, conducted a survey which showed that 12 out of 19 dargahs in Mumbai allowed women into the sanctum. They followed up with representations to the authorities, including women's commissions, the state minority commission and the charity commissioner, but in vain. In April 2014, they again visited the Dargah and "much to their dismay learnt that the debarment of women was still in force". Aggrieved, they moved HC against the "blatant discrimination on the ground of gender alone" saying it impinges on their fundamental rights and also "the failure of the state to eliminate inequalities". "Assuming Sharia says something which is contrary to the principles enshrined in the Constitution of India, it is the Constitution alone which, as the supreme law of the land, should prevail over contravening personal laws,'' the petition stated. The petition further stated gender justice is inherent in the Quran and the decision contravenes the Hadiths, which prove that there is no prohibition on women visiting graves. "The Holy Prophet never objected to women visiting the graves," it said and added, "such conduct is likely to cause damage to the society, the syncretic spirit which was expounded by the Sufi saints, and of course the Muslim community making it all the more regressive being an obstacle to progressive thinking." The petition said the restriction "emanates from a very conservative and extremist ideology" which is against women's freedom and equality. "If such arbitrary actions of the Trust are not restrained, it is not inconceivable that in the future there may be an order banning the entry of women in the Dargah complex and non-Muslims wholly," it added. Urging the HC "to declare that women devotees have an equal right of entry and access to all parts, including the inner sanctum (mazaar) of the Haji Ali Dargah on par with the male devotees," the petition has also sought an inquiry by the charity commissioner. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
