In both cases, the government came out with a strong stand to ensure that entry of women was not banned and Articles 14, 15 and 21 of the Constitution of India were not violated.
Maharashtra has done justice to its badge of being a 'Welfare State' by supporting equal rights to all genders while allowing women inside the Haji Ali Dargah and the Shani Shingnapur temple.
In both cases, the government came out with a strong stand to ensure that entry of women was not banned and Articles 14, 15 and 21 of the Constitution of India were not violated.
In the case of the temple, the government said it would abide and implement the provisions of the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956, thereby paving the way for entry of activist Trupti Desai.
In the case of the inner sanctorum of Haji Ali Dargah, the state argued, "It is the duty of the state to uphold the Constitution of India; Right to Worship under Article 25 is concerned only with essential and integral practice of religion. In this case, unless the impugned ban is shown to be an aspect of essential or integral practice of Islam, it cannot be set up as being a permissible abridgment of the fundamental right under Articles 14 and 15."
The Haji Ali Dargah management committee had argued that it has the fundamental right under Article 26 to manage religious affairs. Opposing this, the state had argued, "Said right is limited to management and not regulation.
In other words, right to management cannot override right to practice a religion itself."
Moreover, it supported the petitioner Noorjehan Niaz, who had challenged the ban on the ground that "it would be necessary to distinguish between such practice which is integral and other practices which are peripheral or merely matters of tradition or custom".
"The test to be followed should be whether the practice is such that without it the essential character of the religion would stand destroyed or its theology would be rendered irrelevant. Mere custom or usage should not be considered as law nor be considered as essential practice of a religion," she had argued.
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