SC Asks Centre's Response To PIL Seeking Entry Of Women In Mosques

A PIL seeking entry to Muslim women in all the mosques across India was filed in the Supreme Court. The SC sought centre's response on the same on Friday, when it issued a notice to the Union Ministry of Law and Justice and Minority Affairs.

The petition read, " Permit Muslim women to enter through the main door of mosques and have an Islamic right to visual and auditory access to the musalla (main sanctuary)."

Key Takeaways:

• A PIL seeking entry to Muslim women in all the mosques across the country was filed in Supreme Court
• The PIL was filed by Yasmeen Zuber Ahmad Peerzade who put forth that denying women's entry in mosques is a violation of fundamental rights.
• Post this, the Supreme Court has sought Centre's response on the plea by issuing a notice to the Union Ministry of Law and Justice and Minority Affairs.
• The Centre has to respond by November 5.

Denying Women Entry In Mosques is 'Unconstitutional'

According to Yasmeen Zeber Ahmad Peerzade, who filed the PIL in Supreme Court, denying women entry in mosques is unconstitutional since it is a straightaway violation of fundamental rights to life, equality and gender justice. The bench headed by CJI Ranjan Gogoi also observed that back in April, it had issued notices to parties including the union ministries of Women and Child Welfare and Law and Justice and Minority Affairs and the National Commission for Women, when another such plea was filed.

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The Supreme Court has also asked the Centre to respond by November 5. The notice to Centre was accepted by lawyer Rajat Nair on Friday. The petition read, " Permit Muslim women to enter through the main door of mosques and have an Islamic right to visual and auditory access to the musalla (main sanctuary)." It also added that any fatwa restraining women from entering in mosques should be now kept aside. Furthermore, the custom is "unconstitutional and violative of Articles 14 (right to equality), 15 (gender justice) and 21 (right to life and liberty) of the Constitution," according to the petitioner.

According to Yasmeen Zeber Ahmad Peerzade, who filed the PIL in Supreme Court, denying women entry in mosques is unconstitutional since it is a straightaway violation of fundamental rights to life, equality and gender justice

SC Rejected One Such Plea In July

To shed the purdah system and to allow women to enter mosques for offering prayers, state president of the Kerala unit of the Akhil Bharatha Hindu Mahasabha filed a plea in Supreme Court, which was rejected in July.  CJI Ranjan Gogoi rejected the plea asking for a Muslim woman to approach the court for the same. Swamy Dethathreya Sai Swaroop Nath had challenged the dismissal of his plea by Kerala High Court in SC, which was again rejected by the apex court.

“Let a Muslim woman challenge it,” CJI Ranjan Gogoi said orally. According to The Hindu, the petitioner said he “looks upon Muslim women like none other than his sisters.” “The segregation and discrimination shown against Muslim women by not allowing them to enter and pray in masjids in the main prayer hall along with their male counterparts are against Articles 21 and 14 of the Constitution,” the petition said. Any strict adherence to the preaching and teachings of past centuries was “equivalent to the strict adherence to the size and type of clothes worn during childhood even during adulthood. This amounts to obstinacy,” it added.

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