Supreme Court agrees to examine the issue of women’s right to offer Namaz in the mosque along with men

[dropcap]A[/dropcap] two-judge bench of the Supreme Court, comprising Justices S A Bobde and Abdul Nazeer, today agreed to examine a petition seeking a  declaration to the effect that the practice prohibiting the entry of Muslim women into mosques in India was illegal and  unconstitutional for being violative of the fundamental right to equality and freedom of conscience and the free profession, practice and propagation of religion.

The Court has, accordingly, issued a notice to Central Government, National Commission for Women, Maharashtra State Board of Waqfs, Central Waqf Council and the All India Muslim Personal Law Board, asking them to respond to the petition. 

Notice was issued only after the Court confirmed with the petitioners that they had been tried to enter a mosque and had been disallowed.

To queries by the Court whether a fundamental right to equality could be enforced against a non-state entity and whether a mosque, temple or church was a “state”, the petitioners said since the Waqf board received money from the government, it would come under the definition of “state”.

“The only reason we are hearing you is the Sabarimala judgment,” the  Supreme Court said while issuing notice. 

 

Discriminatory practice

 

The petition has been filed by a Pune-based Muslim couple, Yasmin and Zuber Peerzade. They submitted that prohibiting women from entering mosques was discriminatory and violated their fundamental rights.

 “Women, like men, are also protected by the rights in the Constitution which allow them to offer worship in accordance with their belief,” the petition said.

The petitioners have also alleged that they had sent a letter regarding permission for women to offer prayers at the Mohmdiya Jama Masjid, Bopodi, Pune, but the mosque administration had informed them that no such practice was permitted in mosques in Pune and other areas.

The petitioners have relied on the decision of the Constitution bench of the Supreme Court in the Sabarimala case, where the Court while striking down the rule prohibiting the entry of women into the Sabarimala temple, held it to be unconstitutional.