Revati Mohite Dere JUDGMENT
Revati Mohite Dere, J.
1. Heard learned Counsel for the parties.
2. Rule. Rule made returnable forthwith, by consent. Learned Counsel waive notice for the respective respondents.
3. Petition is taken up for final disposal forthwith, by consent.
4. By this PIL, filed under Article 226 of the Constitution of India, the petitioners, who are social activists, have alleged gender discrimination and arbitrary denial of access to women in the sanctum sanctorum at the Haji Ali Dargah.
5. The petitioners state that they are the office bearers of 'Bharatiya Muslim Mahila Andolan' - a national secular autonomous mass movement of Muslim Women with over 50,000 members in 15 States. According to the petitioners, since their childhood, they were visiting the Haji Ali Dargah, the Dargah of Pir Haji Ali Shah Bukhari (R.A.), the patron saint and during their visits, were permitted to enter the sanctum sanctorum where the saint lied buried, through a separate entry earmarked only for women to enable them to offer prayers. They have stated that in March, 2011, when the petitioner No. 1 along with other activists, visited the Haji Ali Dargah, they were permitted to enter the sanctum sanctorum to offer prayers. According to the petitioners, in June, 2012 when the petitioner No. 1 revisited the Dargah to offer prayers, she discovered a steel barricade put up at the entry of the sanctum sanctorum, thus preventing the entry of women devotees in the sanctum sanctorum of the Haji Ali Dargah. Pursuant to the said restriction imposed on women devotees, the petitioners approached the authorities of the respondent No. 2 Trust and sought answers for imposing such a ban/rule. It is stated that the President of the Haji Ali Dargah Trust disclosed that the reasons for imposing such a ban/rule were - (i) women wearing blouses with wide necks bend on the Mazhaar, thus showing their breasts; (ii) for the safety and security of women; and (iii) that earlier they were not aware of the provisions of Shariat and had made a mistake and therefore had taken steps to rectify the same.
6. Pursuant to the aforesaid, the petitioners approached various State Authorities including, the State Minority Commission and requested them to intervene in the said matter. The petitioners also sent letters to several Authorities registering their protest and seeking their support and intervention in the matter of prevention of entry of women in the inner sanctum sanctorum of the Haji Ali Dargah. Letters were sent to the State Minority Commission, National Commission for Women, State Commission for Women, Chief Minister of Maharashtra, Trustee of Makhdoom Shah Baba Trust and a few Ministers. It is stated that the State Minorities Development Department arranged a joint meeting of the petitioners and the Haji Ali Dargah Trustees along with Islamic Scholar Dr. Zeenat Shaukatali and other Government Officers, with a view to discuss and resolve the matter amicably. However, the Trustees of the respondent No. 2 Trust, did not turn up for the said meeting. Thereafter, the petitioners again made several representations to various authorities but the said representations went unheard. According to the petitioners, in January, 2013, a letter was sent by the Solicitors of the Haji Ali Dargah Trust to the said Minorities Development Department explaining their position in the said matter. In the said letter, it was stated that the Holy Shrine was open to all persons regardless of gender, caste, creed, etc. It was also stated that to maintain sanctity, discipline, decorum, peace and to avoid chaos, they had earmarked separate entries for men and women devotees and visitors. According to the petitioners, the said letter was clearly contrary to the issue raised ........