NEW DELHI: The Supreme Court on Tuesday agreed to examine the petition by a Pune-based Muslim couple, seeking a direction to allow women to enter mosques without any restriction to offer prayers.
A bench headed by Justice S A Bobde observed that since there is a judgment in the Sabarimala case, the court will have to examine this fresh petition as well.
On September 28 last year, a five-judge Constitution bench headed by then Chief Justice of India Dipak Misra had ruled that women of all ages must be allowed into Sabarimala temple.
The court also questioned the petitioner’s lawyer on whether fundamental rights can be asserted against individuals and non-state subjects as well and said, “Is a mosque or a temple or a church state? Can you seek your fundamental right against individuals? When entity concerned is not a state, can we issue directions? Can we ask police to help you if you want to enter somebody’s house?”
The bench then issued notices to the Centre, the All India Muslim Personal Law Board and the Central Wakf Council, among others and sought their replies in four weeks time.
Yasmeen and Zuber Ahmad Peerzade, in their plea said, “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 violate the fundamental rights...”
Presently, women are allowed to offer prayers at mosques under Jamaat-e-Islami and Mujahid denominations, while they are barred from mosques under the predominant Sunni faction.