HC: Women can enter Haji Ali sanctum

Shiv Kumar

Tribune News Service

Mumbai, August 26

The Bombay High Court today ruled that women had the right to enter the inner sanctum of the Haji Ali shrine off Mumbai. 

It ruled that women could not be discriminated against and the ban on the entry of women into the core area of the shrine violated Sections 14, 15 and 21 of the Constitution.

However, Haji Ali Trust, which administers the shrine, has obtained a stay of eight weeks on the order so that it can move the Supreme Court. Until 2012, women were allowed inside the shrine. Thereafter, the Trust banned their entry on the plea that it amounted to committing a sin.

Backed by the Maharashtra Government, the Bharatiya Muslim Mahila Andolan, a women’s rights group, approached the court against the Trust’s decision.

The dargah, built 500 metres into the sea, can be reached only during low tide.  The Trust contended that Article 26 gave it the right to manage its affairs and  the entry of women was not completely barred; they were given a “secure place” to offer prayers.

Former AG Shreehari Aney submitted that the Trust’s rights had to be in tandem with Articles 14 (right to equality) and 15 (prohibiting discrimination).