Justice Nagesh Bheemapaka of Telangana High Court on Monday passed an interim order instructing Muttawali Committee of Ibadat Khana Hussaini of Darulshifa to permit women members of Akhbari sect of Shia Muslims to conduct majlis, jashns and other religious prayers at Ibadat Khana.
The judge passed the interim directions after hearing a writ petition filed by Anjuman-e-Alavi of Shia Imamia Ithna Achari Akbhari Society represented by its secretary Asma Fatima. After hearing contentions of the petitioner’s counsel, the judge also instructed the Telangana State Waqf Board to file a counter affidavit explaining the objections over not permitting women into the Ibadat Khana. The petitioner stated that representations were presented to the Waqf Board on October 14, 16 and 18 requesting the authorities to allow Shia Muslim women inside the Ibadat Khana. The writ petition was filed since the Muttawali committee and the Waqf Board did not respond to the representations, according to the petitioner.
While not permitting Shia Muslim women of Akbhari sect, the Muttawali committee was allowing Shia Muslim women of Usooli sect inside Ibadat Khana for carrying out activities which were not mentioned in Wakfnama, the petitioner contended. Observing that ‘this discrimination was bad’, the petitioner stated that despite knowing all this the Waqf Board remained mute spectator.
The issue was taken to the notice of the local police too but the latter declined to interfere, the petitioner said. Convening majlis, jashns and religious prayers was a fundamental right guaranteed by the Constitution of India. According to the petitioner’s counsel, even the Waqf Board issued a proceeding (no Gen/DM/Z-1/06) allowing Shia Muslim women to conduct majlis, jashns and prayers at Ibadat Khana. The Waqf Board counsel informed the bench that entry of women inside the Ibadat Khana was subject to the rules and guidelines of holy book. Responding to the contentions of the counsel, Justice Nagesh Bheemapaka said that the Constitution had provided equal rights to the women.
The judge cited excerpts over equality for women mentioned in different religious scriptures and noted that one cannot deny equal rights to women.
