Telangana HC Grants Shia Women Access to Ibadat Khana

Hyderabad, July 27 (Maxim News): Challenging the action of the respondents in not permitting the women members of Akbhari Sect of Shia Muslims to conduct Majlis, Jashans, and other religious prayers in Ibadat Khana situated in premises bearing Nos. 22-2-636, 637, 638, 639, 640, 641, 642, 643, 644, 645 to 650, 22-2-664, 22-2-666 and 22-2-667, Darulshifa, Hyderabad, petitioner Society is before this Court.

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The prime case of the petitioner is that in the subject of Ibadat Khana, even Shia Muslim women are entitled to perform Majlis, Jashans, and other religious prayers which is a fundamental right guaranteed to them under the Constitution of India.

Petitioner draws the attention of this Court to the proceedings bearing F.No. Gen/DM/Z-1/06, dated 15.06.2007 issued by the Waqf Board enabling Shia Muslim women to conduct Majlis in the Ibadat Khana.

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It is the grievance of the petitioner that the 3rd respondent, which is a self-styled Committee, though issued a proceeding which is the subject matter of Writ Petition No. 16996 of 2023, was also sensitized that Akhbari Sect of Shia community were not being allowed to perform Jashans, Majlis and other religious prayers in tune with Wakfnama, on the contrary, the very same 3rd respondent is permitting Shia Muslim women of Usooli Sect for performing activities which are not mentioned in the Waqf Nama.

Petitioner Society is stated to have submitted several representations dated 14.10.2023, 16.10.2023, and 18.10.2023 to the Telangana State Wakf Board to permit Shia Muslim women to conduct Majlis, Jeshans and other religious prayers, but so far, no action has been taken by them. They approached even the police, who became mute spectators. Having no other alternative, the petitioner approached this Court.

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Initially, on 11.12.2023, when the matter was heard, Sri P. Venugopal, learned Senior Counsel argued that Articles 14 and 25(1) of the Constitution guarantee all the citizens the right to equality and freedom of conscience, freedom to profess, practice, and propagate religion. He contends that the action of the respondents in denying access to the women of Akhbari Sect to perform Majlis, Jashans, and other religious prayers in the Ibadat Khana is contrary to the proceedings dated 15.06.2007 of the Waqf Board and it amounts to discrimination and violation of fundamental rights.

Abu Akram, learned Standing Counsel for Waqf Board vehemently opposed the Writ Petition. On a query from the Court, the learned counsel failed to point out from the Holy Book which part denied entry to women of a particular sect into prayer halls. However, it is the sentiment, convention, and decision of the religious elders that have to be followed and respected by the individuals/societies who practice Islam and they cannot claim/agitate as a matter of right, emphasized the learned counsel.

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Taking into consideration the submissions made by both the learned counsel, this Court observed that the issue is no more res integra given the judgment of the Larger Bench of the Hon’ble Supreme Court in Indian Young Lawyers Association and others (Sabarimala Temple, In Re) v. State of Kerala1. Further, this Court observed that nowhere, in the Holy Book, did the Almighty prohibit women from entering into prayer halls to offer their prayers. Chapter 2 Al Baqarah 222-223 makes it evident that except during a particular period which was given as a ‘rest period’ for women by Nature itself, there is no bar against women offering prayers. This Court, therefore, (Maxim News)

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