Muslim Women’s Mosque Entry on the Line of Sabarimala Judgment
Published: April 17, 2019
Supreme Court has decided to consider the appeal regarding lifting the ban on Muslim women’s entry into all mosques across the country referring from its judgment in Sabarimala in which five-judge Constitution Bench has lifted age restrictions on the entry of women to the Sabarimala temple.
Re-quoting Sabarimala order in which the court said “religion cannot be used as cover to deny rights of worship to women and it is also against human dignity”. The petition contended that the act of prohibition of females from entering mosque is void and unconstitutional as such practices are not only repugnant to the basic dignity of a woman as an individual but also violative of the fundamental rights guaranteed under Articles 14, 15, 21 and 25 of the Constitution”.
Points favoring lifting of ban
- Under Article 14 State shall not deny to any person equality before the law or equal protection of law within the territory of India and Mosque being a state subject receives grants from the State cannot deny entry to a certain class.
- The objective of the fundamental right under Article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law which clearly means that this fundamental right has been provided against state only therefore Muslim women being discriminated by not getting entry to pray in the main prayer hall of mosques is also a violation of Article 21 of the Constitution and this is an encroachment into the realm of personal liberty and social security of the Muslim women’s.
There is no such gender discrimination to offer worship in Mecca the holy city as well as there are no records stating that the Holy Quran and the Prophet had opposed women entering mosques and offering prayers therefore this became prima facie to lift the ban.