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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Ram Puniyani
July 20,2020

As Covid 19 has created havoc all rounds, the rulers of certain countries are using it to further intensify their set agendas. The democratic freedoms are being curtailed in certain forms, the reaction to which has come in America in the form of a campaign, which is opposing “stifling” cultural climate that is imposing “ideological conformity” and weakening “norms of open debate and toleration of differences”. In India similar intimidations have been intensified. In addition the occasion has been used by the sectarian forces first to link the spread of Corona to Muslim community and now in the name of reducing the burden of curriculum certain chapters on core concepts related to Indian nationalism are being deleted from the text books.

It has been reported that chapters on federalism, citizenship, nationalism, secularism, Human Rights, Legal Aid and Local Self Government and the like are being dropped. Education has been an important area for communal forces and they constantly keep saying that leftists have dominated the curriculum content, it suffers from the impact of Macaulay, Marx and Mohammad and so needs to be Indianized. The first such attempt was done when BJP came to power in 1998 as NDA and had Murli Manohar Joshi as the MHRD minister. He brought the changes which were termed as ‘saffronization of education’. Their focus is more on social science. Some of the highlights of this were introduction of subjects like Astrology and Paurohitya, and chapters defending caste system, nationalism of the type of Hitler was praised.

With defeat of NDA in 2004, the UPA did try to rectify some of these distortions. Again after 2014 the RSS affiliates working in the area of education have been active, interacting with MHRD officials to impress upon them the need to change the curriculum matching with their Hindu nationalist agenda. Its ‘Shiksha Sanskriti Utthan Nyas’ has been asking for removal of English, Urdu words in the texts. It has asked for removal of thoughts of Rabindranath Tagore on Nationalism, extracts of autobiography of M F Husain, references to benevolence of Muslim rulers, references to BJP being Hindu party, apology of Dr. Manmohan Singh for anti Sikh pogrom of 1984, the reference to killings of Gujarat carnage in 2002 among others. This they call as Bhartiykaran of syllabus.

As RSS is a multithreaded hydra one of its pracharak Dinanath Batra has set up ‘Shiksha Bachao Abhiyan Samiti’ which has been pressurizing various publishers to drop the books which are not conforming to their ideology. One recalls their pressuring withdrawal of Wendy Doniger’s ‘The Hindus’, as it does present the ancient India through the concerns of dalits and women. Mr. Batra has already come out with a set of nine books for school curriculum, giving the RSS view of the past and RSS understanding of social sciences. These have already been translated into Gujarati and thousands of the sets of these books are being used in Gujarat Schools.

The present step of deleting parts of curriculum which gives the basics of Indian Nationalism, secularism and human rights is a further step in the same direction. These are the topics which have made the Hindu nationalists uncomfortable during last few years. They have been defaming secularism. They removed it from the preamble of Indian constitution, when they put out an ad on the eve of Republic day in 2015. From last few decades since the Ram Temple movement was brought up, simultaneously the secular ethos of India’s freedom movement and secular values of Indian constitution have been constantly criticized. Many an RSS ideologues and BJP leaders have been asking for change of Indian Constitution for this very reason.

Secularism is part of the concept of Indian nationalism. In the name of religious nationalism, sectarian divisive nationalism they have been attacking various student leaders in particular. When we study Nationalism, the very genesis of Indian nationalism tells us the plurality of our freedom movement with its anti colonial roots. The struggle was for Indian nationalism and so the Muslims and Hindu communalists kept aloof from this great struggle against colonial masters, it was this struggle which built the Indian nation with all its diversity.

Similarly as we have equal rights as citizens the chapters on citizenship are being dropped. Federalism has been the core part of India’s administrative and political structure. As the dictatorial tendencies are becoming stronger, federalism is bound to suffer and that explains the dropping of this subject. Democracy is decentralization of power. Power reaching the lowermost part of the system, the villages and average citizens. This got reflected in Local self Government. The power is distributed among villages, cities, state and center. By removing chapters on federalism and local self government, the indications of the ideology of ruling party are on display.

While we are not dealing with all the portents of the planned omissions, one more aspect that related to dropping of chapter on Human rights needs our attention. The concept of Human rights and dignity are interlinked. This concept of Human rights also has international ramifications. India is signatory to many an UN covenants related to Human rights. The indications are clear that now rights will be for the few elite and ‘duties’ for the large deprived sections will be put on the forefront.

In a way this incidental ‘Corona gifted opportunity’ to the ruling Government is being fully used to enhance the agenda of ruling party in the arena of Educational Curriculum. The part of curriculum with which the ruling party is uncomfortable is being removed. This act of omission does supplement their other acts of commission in changing the shape of educational curriculum, which are reflected in RSS affiliates’ suggestions to MHRD regarding Bhartiyakaran of contents of syllabus. As per this the things like regarding the great epics like Ramayana and Mahabharata as History, the things like India having all the stem cell technology, plastic surgery, aviation science etc. will have a place in the changes planned by communal forces!

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News Network
August 6,2020

Bengaluru, Aug 6: Firebrand BJP Bengaluru South MP Tejasvi Surya on Wednesday said that control of state power by Hindus is absolutely essential for sustenance of Dharma.

His comments, in a series of tweets, came on a day Prime Minister Narendra Modi performed the groundbreaking ceremony for the Lord Ram temple at Ayodhya.

"Dear Hindus, Most important lesson is that control of State power by Hindus is absolutely essential for sustenance of Dharma. When we didn't control State, we lost our temple. When we regained, we rebuilt. The 282 (seats) in 2014 and 303 (seats) in 2019 to Sri Narendra Modi made today possible!", Surya, who is also the party's BJP youth Wing state general secretary, tweeted.

He also said that the survival of India depends on the survival of Sanatana Dharma.

"The Sanatana Dharma, that is nationalism,' Sri Aurobindo had said in his Uttarapara speech. But what does it mean? Along with Jai Sri Ram, the purohits also chanted Bharat Mata Ki Jai - That is Dharmic nationalism. If Dharma survives, India survives," he said in another tweet.

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News Network
February 3,2020

Bengaluru, Feb 3: A wave of dissatisfaction has hit the six-month-old BJP government against the backdrop of chief minister B S Yediyurappa's announcement to induct 13 aspirants in the second cabinet expansion on February 6.

In the first cabinet expansion, the chief minister had inducted 17 ministers on August 20, 2019.

Among the 13, ten will be those defectors from Congress and the JD(S) who were disqualified earlier and won the assembly by-election in December last year.

The rest will be the 'native BJP leaders', as deputy chief minister Govind Karjol put it.

Speculations are rife that Mahadevapura MLA Arvind Limbavali, Hukkeri MLA Umesh Katti and C P Yogeshwar, who had lost to H D Kumaraswamy from Channapatna assembly segment,would be inducted.

If Yogeshwar is included in the cabinet then he will bethe second minister after Deputy chief minister Laxman Savadi who had lost and yet made it to the cabinet.

The possible induction of Yogeshwar and Savadi, who was made deputy chief minister despite losing the assembly elections, are also a "reason" for discontent in the BJP.

Hectic activities began in the power corridor and MLAs started forming groups to impress upon the chief minister to include their members in the ministry.

While one group was from the "Kalyana Karnataka" region, the others were the defectors who will be excluded in the cabinet expansion.

A few MLAS from 'Kalyana Karnataka' region or erstwhile Hyderabad-Karnataka region comprising six districts, met at the Legislature Home and held a meeting.

The meeting was led by Shorapur MLA Narasimha Nayak akaRaju Gouda and Honnalli MLA M P Renukacharya.
The MLAs of the Kalyana Karnataka region were unanimous that their backward region should get representation in the cabinet.

Later, Gouda met the Chief Minister and requested that their region be given adequate representation in the cabinet, which is lacking development.

Talking to reporters, Gouda said, "We had given representations to all the MPs, MLAs and the chief minister. Today also we all had a meeting and later called on the Chief Minister requesting him to make any MLA from our region a minister."

He said any imbalance in cabinet expansion will cause trouble to the MLAs from Kalyana Karnataka region.

"If you make the defeated candidates ministers then include 120 people in the cabinet," an aggrieved Gouda taunted.

Renukacharya too echoed the same sentiments.

"If you give preference to the defeated candidates then what will happen to those who won the election? Where should the winners of election go? We emphasise upon giving preference to the winners."

On the other hand, the defectors who jumped the Congress and the JD(S) ship and helped form the BJP government too had a meeting in Bengaluru, said BJP sources.

They were unanimous that not only the 11 MLAs who won theelection be made ministers but also A H Vishwanath and M T BNagaraj who had unsuccessfully contested the assembly by- polls from Hunasuru and Hoskote on a BJP ticket.

Vishwanath, who was quite vocal on Sunday for dropping his name, was mellowed down on Monday after meeting Yediyurappa.

However, his insistence for getting a cabinet berth remained intact.

"I did not make any proposal before him and will not do it in future because he (Yediyurappa) knows what has to be done,"Vishwanath told reporters after meeting the chief minister.

When he was reminded of Yediyurappa's statement that therewere legal complications in making him a minister, Vishwanath said, "This government has legal experts and the advocate general. They will speak."

Amid speculations that Athani MLA Mahesh Kumathalli may not get a cabinet berth in the reshuffle, the defected MLAs led by Gokak BJP MLA Ramesh Jarkiholi, had a meeting to decide their future strategy, said party sources.

Currently, there are 18 ministers, including the chief minister, in the cabinet, which has a sanctioned strength of 34. Sixteen berths are vacant.

The cabinet expansion exercise will be a delicate task for Yediyurappa as he has to ensure adequate representation for various castes and regions.

The ministry already has eight Lingayats, including Yediyurappa; three Vokkaligas; a Brahmin; three SCs, two OBCs and one ST.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he is weak and his administration has collapsed.

Reacting to the cabinet expansion, former chief minister Siddaramaiah quipped, "A drama is taking place. Let it happen on February 6. Afterwards we will see what all happens."

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