HC allows women's entry in Haji Ali dargah, order stayed for 6 weeks

August 26, 2016

New Delhi, Aug 26: In a significant judgement, the Bombay High Court today lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah here, saying it contravenes the fundamental rights of a person.

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The court has, however, stayed its order for six weeks following a plea by Haji Ali Dargah Trust, which wants to challenge it in the Supreme Court.

"The ban imposed on women from entering the Haji Ali dargah is contrary to Articles 14, 15, 19 and 25 of the Constitution of India. Women should be permitted to enter the dargah on par with men," a division bench of Justices V M Kanade and Revati Mohite Dere said.

Under the said Articles, a person is guaranteed equality before law and has the fundamental right to practice any religion he or she wants. They prohibit discrimination on grounds of religion, gender and so on, and provide freedom of conscience and free profession, practice and propagation of religion.

The bench allowed a PIL filed by two women, Zakia Soman and Noorjehan Niaz, challenging the ban on women's entry in the sanctum sanctorum of the dargah.

"The state government and the Haji Ali Dargah Trust will have to take proper steps to ensure safety and security of women entering the dargah," the court said.

The high court had in June this year reserved its verdict on the petition.

The PIL states that gender justice is inherent in Quran and the decision contravenes the Hadith, which proves that there is no prohibition on women visiting graves.

The Maharashtra government had earlier told the court that women should be barred from entering the inner sanctorum of Haji Ali dargah only if it is so enshrined in the Quran.

The ban on women's entry cannot be justified if it is on the basis of an expert's interpretation of the Quran, the then Maharashtra Advocate General Shrihari Aney had argued.

The dargah trust had defended its stand saying that it is referred in Quran that allowing women close proximity to the dargah of a male saint is a grievous sin.

Advocate Shoaib Memon, appearing for the trust had earlier said, "Women are not allowed inside mosques in Saudi Arabia. They are given a separate place to pray. We (trust) have not barred women. It is simply regulated for their safety. The trust not only administers the dargah but also manages the affairs of religion."

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Comments

Rashid
 - 
Friday, 26 Aug 2016

Building structure on graves is prohibited in Islam, visiting such places by men or women both discouraged... It is a grave sin , invoke on graves...In islam it is permitted to men & women to visit graves of their relatives with proper dress with intention to pray for people of graves is permitted and even praying in masjid also permitted..

Mohammed
 - 
Friday, 26 Aug 2016

As a muslim to visit a dargah and pray is shirkh and I request all my muslim brothers and sisters to refrain from doing so as committing shirkh is the biggest sin in Islam. As for Rony`s comments as muslm`s did not support in independence it is high time you refresh your social studies subject. We all know how many muslim countries are supporting non-muslim brothers and sisters by giving them job in their countries in turn which helps them in survival and is this not much greater support from the muslims. This is Independence to live and survive. People grow up and be thankful for the number of muslim countries who have not objected to non-muslims working in their country and you have the audacity to talk against muslims without thinking once about the millions of non-muslim expats.

mohammad.n
 - 
Friday, 26 Aug 2016

Why HC and SC needed here? Our prophet muhammad already said that no grave must be built high, if u find one then u must level it to the ground. Thats it case closed already 1400+ years ago . Then why waste time of court and people who comment on such news? Check the whole quran and hadees you will never find something called darga in it.

Mohammed
 - 
Friday, 26 Aug 2016

To my non-muslim friends kindly note that in Masjid al haram (Makkah) both men and women pray together and for Ganesh Kamath Muslim women are allowed inside mosques and have a separate covered place from where they can pray behind the Imam. Kindly refrain from posting things which you do not have knowledge of and stick to only praying part of it and not compare it with women are not allowed to drive etc.

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News Network
April 20,2020

Bengaluru, Apr 20: The cumulative positive cases of COVID-19 in Karnataka stand at 408, including 16 deaths and 112 people discharged.

Karnataka's Department of Health and Family Welfare in a media bulletin said: "As of 5 pm on April 20, cumulatively 408 COVID-19 positive cases have been confirmed in the state. It includes 16 deaths and 112 discharges."

Out of the remaining 280 cases, 278 COVID-19 positive patients including one pregnant woman in isolation at designated hospitals are stable, and two are in ICU, added Health and Family Welfare Department.

"18 new cases have been confirmed for COVID-19 in the State from Sunday 5 pm to Monday at 5 pm," added the department.

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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

Comments

Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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News Network
June 7,2020

New Delhi, Jun 7: The Karnataka government has asked the railways to make announcements at originating stations that it was compulsory for passengers travelling to the state to register themselves on the ‘Seva Sindhu’ portal through which they can be tracked.

In a letter to Chairman Railway Board on Saturday, Chief Secretary of the state T M Vijay Bhaskar said many passengers are not aware of this mandatory rule of the southern state.

He said thousands of passengers are coming to Karnataka from New Delhi, Bihar, Maharashtra and other states through trains everyday, but most of them are not registered under the Seva Sindhu portal of the Government of Kamataka.

"If passengers are not registered under Seva Sindhu, the state will not be able to track them. Therefore, it is necessary to create awareness among the passengers regarding registration under the portal.

"Hence, it is requested to give instructions to origin railway stations to make announcements that ‘It is compulsory for all passengers travelling to Karnataka to register in Seva Sindhu portal. Otherwise they will not be allowed for home quarantine’, and also to give passengers awareness (about this) at the time of booking tickets,” Bhaskar said in his letter to the national transporter.

Seva Sindhu portal, under the control of the Karnataka government, provides various online services to the citizens of the state.

Currently, this portal is playing an important role in helping those stranded amid the COVID-19 pandemic to fill online registration forms for availing e-passes.

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