The Bombay High Court on Wednesday said that matters regarding religion should be amicably settled. The observation was made during the hearing of a public interest litigation (PIL) filed by activists Noorjehan Niaz and Zakia Soman of the Bharatiya Muslim Mahila Andolan, challenging the ban on the entry of women into the sanctum of the Haji Ali Dargah which houses the mazaar (tomb) of the saint.
The Bombay High Court on Wednesday said that matters regarding religion should be amicably settled. The observation was made during the hearing of a public interest litigation (PIL) filed by activists Noorjehan Niaz and Zakia Soman of the Bharatiya Muslim Mahila Andolan, challenging the ban on the entry of women into the sanctum of the Haji Ali Dargah which houses the mazaar (tomb) of the saint.
A division bench of Justices VM Kanade and AR Joshi said: "People have become very touchy nowadays. Ideally, in cases like these, people from within the community should find a solution."
The court has now posted the matter for directions on April 1, when it is likely to issue a date when it will finally hear the PIL on merits.
Appearing for the petitioners, advocate Raju Moray argued that it was a violation of fundamental rights. Also, Haji Ali is said to be the patron saint of Mumbai, so everyone should be allowed to enter the inner sanctum, not only men.
Moray also suggested to the court to appoint a court commissioner who would visit the Dargah and submit a report. However, the Trust has opposed the plea and defended the ban, saying that it was to prevent sexual harassment of women. Such a ban, it said, was imposed in other shrines too.
In 2012, the Haji Ali shrine, a landmark in Worli, barred women from entering the inner sanctum. According to the PIL, gender justice is inherent in Quran and the decision contravenes the Hadiths, which prove that there is no prohibition on women visiting graves – the shrine house houses the mazaar (tomb) of Saint Pir Haji Ali Shah Bukhari (R.A.)
The petition said the restriction "Emanates from a very conservative and extremist Salafi 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 read.
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