Maharashtra govt favours entry of women to Haji Ali

Discrimination on the grounds of sex has to go, High Court said.

2 min readMumbaiFeb 10, 2016 12:37 AM IST

Discrimination on the grounds of sex has to go, it said.

The dargah, which houses the tomb of Iranian saint Pir Haji Ali Shah Bukhari, is said to have been built in 1431. (Vasant Prabhu)

The Maharashtra government has informed the Bombay High Court that the Constitution gives women the right to enter Haji Ali Dargah and that the right to pray or profess religion will have to be equated with the right to equality. Discrimination on the grounds of sex has to go, it said.

“Artificial discrimination based on sex could run foul of Article 15 of the Constitution,” said Advocate General Shreehari Aney, while suggesting that the High Court could intervene and issue a writ. This, he said, is done at a time when there is difficulty in implementing Constitutional rights.

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He was canvassing the government stand in the High Court in a matter between a group of women challenging the ban on entry of women in the inner sanctum of the shrine. Article 15 (1) of the Constitution, he asserted, prevents the state from discriminating against anyone on several grounds including sex.

Read | Haji Ali women entry case: Bombay HC asks stakeholders to submit arguments in two weeks

Aney, along with advocate Milind More, told the court that customs and traditions will have to give way to the Fundamental Right to freedom of religion. Aney asked whether the practice of not allowing women inside the sanctum sanctorum of the shrine was part of the integral religious practice. The essential part of a religion cannot be interfered with, according to the state’s top legal representative.

Aamir Khan

Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With 15 years of professional experience, Aamir's background as a legal professional and a veteran journalist allows him to bridge the gap between complex judicial proceedings and public understanding. Expertise Specialized Legal Authority: Aamir holds an LLB from CCS University, providing him with the formal legal training necessary to analyze constitutional matters, statutes, and judicial precedents with technical accuracy. Experience Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire. Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day. Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi. Multidisciplinary Academic Background: LLB, CCS University. PG Diploma in Journalism (New Media), Asian College of Journalism (ACJ), Chennai. BSc in Life Sciences and Chemistry, Christ College, Bangalore—an asset for reporting on environmental law, patent litigation, and forensic evidence. ... Read More

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