Maharashtra couple files petition seeking entry of women in mosques

Guwahati: The Supreme Court of India has issued notices to the Centre and others based on a petition filed by a Maharashtra couple that wanted to let women offer prayers in mosques.

The top court on hearing the petition said that it was hearing the plea only because of the Sabarimala verdict which had been quoted in the IPL.

The Supreme Court after hearing the Public Interest Litigation (PIL) said, "The bench was not satisfied with the response given by the petitioner's counsel to a query on whether an individual can assert his or her right to equality against another individual." The court further said that it was hearing the petition because of the Sabarimala judgement. The court further said that the provision for Right to Equality under the Constitution can only be invoked against the state and not against an individual who is inside a mosque.

The judges further asked whether a mosque or temple or a church is a state. The apex court further observed asking, "Can you invoke Article 14 and claim equality of treatment from another citizen. Can it be invoked against non-state actors? We can understand that the state has to ensure equality. The state cannot deny it.

The Muslim couple referred to the Supreme Court's September judgement on Sabarimala and said that Muslim women have the right to worship in mosques.

Yasmin Zuber Ahmad Peerzade and Zuber Ahmad Nazir Ahmad Peerzade who filed the petition said that there are no records stating that women were barred from entering mosques and offering prayers by the Holy Quran and Prophet Muhammad.

The petition filed by the Muslim couple under Article 32 which was quoted from the Sabarimala judgement states that religion cannot be used as cover to deny rights or worship to women and a prohibition on women to offer prayers is against human dignity.

The petition further reads as, "Prohibition on women is due to non-religious reasons and it's a grim shadow of discrimination going on for centuries."

The petitioners while citing their own example said that they had requested the Jama Masjid in Pune to let the women enter the mosque. Responding to the petitioners' example, the Supreme Court said that women were not permitted to offer prayers in the mosque in Pune and other areas.

However, the Imam said that he would write to higher authorities to consider the petitioners' request and requisite directions.

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