The Supreme Court docket right this moment directed the Centre to answer a plea looking for that Muslim ladies be allowed to enter mosques throughout the nation claiming that such restrictions have been “unconstitutional” and violative of the appropriate to equality and gender justice.
A bench headed by Chief Justice SA Bobde, listening to the matter via video-conferencing, agreed to listen to the petition which has sought setting apart of instructions or “fatwa” restraining Muslim ladies from getting into the mosques.
Apart from the Centre, the bench, additionally comprising Justices AS Bopanna and Hrishikesh Roy, issued notices to others together with the Ministry of Minorities Affairs, Nationwide Fee for Girls and All India Muslim Private Regulation Board and sought their responses on the plea.
The plea, filed by a Pune-based Muslim ladies, has referred to the constitutional provisions and stated there shouldn’t be any discrimination in opposition to any citizen on the bottom of faith, race, caste, intercourse or place of origin.
“It is rather unlucky that not a single political get together or a chief minister, ladies included, has considered advancing the curiosity of Muslim ladies by offering them entry to mosques that obtain financial help from taxpayers’ cash,” the plea has claimed.
The petition has alleged that the legislature has failed to make sure the dignity and equality of ladies on the whole and Muslim ladies specifically.
“Regardless of the commentary of this court docket for the previous few a long time, the purpose of Uniform Civil Code stays an elusive constitutional purpose that the courts have pretty avoided imposing via instructions and the legislature has dispassionately ignored it,” it claimed.
The plea alleged that Muslim ladies are being discriminated in opposition to as they don’t seem to be allowed to enter and pray in the primary prayer corridor of mosques in violation of Articles 14 (equality earlier than legislation) and 2l (safety of life and private liberty) of the Structure.
It has sought a path to allow ladies to wish within the ‘musalla’ “with out being separated by a barrier, together with within the entrance and in mixed-gender congregational strains”.
It has sought to declare the apply of prohibiting entry of Muslim ladies in mosque in India as unlawful, unconstitutional and being violative of constitutional rights.
“There’s a well-established proliferation in media now a days concerning the ”burqa clad” who’re completely victimised and wish nice safety measures via the liberal rights discourse,” it stated.
The plea stated there may be nothing within the Holy Quran and the Hadith that requires gender segregation.
It stated that a lifetime of dignity and equality is essentially the most sacrosanct basic proper assured by the Structure and it prevails above all different rights out there underneath the legal guidelines of India.
It stated that girls are allowed to enter mosques which have a separate area for them, however most mosques in India would not have this facility.