April 16, 2019

SC hears entry of Muslim women into mosques case only because of Sabarimala judgment


In the petition seeking entry of Muslim women into mosques, the Supreme Court has issued notice to the Central government and the All India Muslim Personal Law Board .A Bench of Justices SA Bobde and S Abdul Nazeer remarked before issuing notice, “We are hearing you because of Sabarimala judgment.”

The Court quizzed the petitioners’ counsel, Advocate Ashutosh Dubey, on various aspects.

Justice Bobde asked, “Have you tried to enter, has anybody prevented you? Are there other mosques where women are permitted to enter,” Justice Bobde asked. To this Dubey gave the example of Mecca. Justice Bobde questioned if the Right to Equality under Article 14 could be claimed against non-state actors.

The court asked, “Can a fundamental right to equality be asserted against another Human Being/ individual? Will Article 14 apply to individual and can you claim equality of treatment from another human being? You don’t want somebody to enter your house, can that person call for police help and enter your house?” While issuing notice, Justice Bobdestated that the only reason the Court will hear this matter was owing to the judgment in the Sabarimala case.

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