The Haji Ali Dargah Trust on Monday approached the Supreme Court challenging the Bombay High Court order lifting the ban on women's entry to the sanctum sanctorum of the Muslim shrine in south Bombay.
The high court on August 26 had held that the ban imposed by the trust, prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The high court had allowed a PIL filed by Zakia Soman and Noorjehan Niaz from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women's entry from 2012.
It had held that the trust had no power to alter or modify the mode or manner of religious practices of any individual or any group. The high court, in its 56-page judgement, had also noted that the "right to manage the trust cannot override the right to practise religion itself".
It had said the trust has not been able to justify the ban legally or otherwise. Hence, it cannot be said that the prohibition is an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief, the court had ruled.![]()
The Haji Ali Dargah Trust on Monday approached the Supreme Court challenging the Bombay High Court order lifting the ban on women’s entry to the sanctum sanctorum of the Muslim shrine in south Bombay.
The high court on August 26 had held that the ban imposed by the trust, prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The high court had allowed a PIL filed by Zakia Soman and Noorjehan Niaz from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women’s entry from 2012.
It had held that the trust had no power to alter or modify the mode or manner of religious practices of any individual or any group. The high court, in its 56-page judgement, had also noted that the "right to manage the trust cannot override the right to practise religion itself”.
It had said the trust has not been able to justify the ban legally or otherwise. Hence, it cannot be said that the prohibition is an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief, the court had ruled.
The high court on August 26 had held that the ban imposed by the trust, prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The high court had allowed a PIL filed by Zakia Soman and Noorjehan Niaz from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women's entry from 2012.
It had held that the trust had no power to alter or modify the mode or manner of religious practices of any individual or any group. The high court, in its 56-page judgement, had also noted that the "right to manage the trust cannot override the right to practise religion itself".
It had said the trust has not been able to justify the ban legally or otherwise. Hence, it cannot be said that the prohibition is an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief, the court had ruled.
The Haji Ali Dargah Trust on Monday approached the Supreme Court challenging the Bombay High Court order lifting the ban on women’s entry to the sanctum sanctorum of the Muslim shrine in south Bombay.The high court on August 26 had held that the ban imposed by the trust, prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The high court had allowed a PIL filed by Zakia Soman and Noorjehan Niaz from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women’s entry from 2012.
It had held that the trust had no power to alter or modify the mode or manner of religious practices of any individual or any group. The high court, in its 56-page judgement, had also noted that the "right to manage the trust cannot override the right to practise religion itself”.
It had said the trust has not been able to justify the ban legally or otherwise. Hence, it cannot be said that the prohibition is an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief, the court had ruled.