Telangana HC Relies On Sabarimala Judgment To Pass Interim Order Permitting Entry Of Shia Akbhari Muslim Women Into Prayer Halls Of Ibadat Khana

A Writ Petition was filed challenging the actions of Muttawali Committee of Ibadath Khana Hussaini (respondent 3) who have allegedly denied access to women of the Akhbari Sect of Shia Muslims to conduct Majlis, Jashans and other religious prayers in the Ibadat Khana. The petitioner argued that even Shia Muslim women are entitled to perform Majlis, Jashans and other religious prayers which is a fundamental right guaranteed to them under Articles 14 and 25(1) of the Constitution of India.

A Bench of Justice Nagesh Bheemapaka held, “This Court therefore, is of the opinion that action of the respondents amounts to violation of fundamental rights guaranteed to petitioner under Articles 14 and 25(1) of the Constitution. 10. Therefore, there shall be an interim direction to the respondents to forthwith permit the women members of Akhbari Sect of Shia Muslim for conducting Majlis, Jashans and other religious prayers in the Ibadat Khana situated in the subject premises.”

Senior Advocate P. Venugopal appeared for the Petitioners and Advocate Abu Akram appeared for Respondent 2.

The Standing Counsel for Waqf Board opposed the Writ Petition, emphasizing the importance of following religious conventions and decisions of religious elders. He argued that "sentiment, convention and the decision of the religious, elders which have to be followed and respected by the individuals/societies who practice Islam and they cannot claim/agitate as a matter of right".

The Court stated that this issue was no longer in dispute after the Sabarimala judgment of the Supreme Court. The Court said, “The Hon'ble Supreme Court in the judgment referred to supra, in clear and categorical terms, held that the Constitution by way of Article 25(1) confers on every individual in society without distinction of any kind whatsoever, freedom of conscience, freedom to profess, practice and propagate religion.”

The Court noted that the Holy Quran (Telugu version) does not prohibit women from entering prayer halls, except during specific rest periods. The Court added, “It is clear, nowhere, the Almighty prohibited women from entering into prayer halls to offer their prayers. Chapter 2 Albakarah 222-223 makes it evident that except during a paiticular period which was given as 'rest period' for women by the Nature itself, there is no bar against women to offer prayers.”

The Court also reproduced definitions of "Jashan" and "Majlis".

The Court further reproduced a 2007 order of the Waqf Board which permitted Shia Muslim women to perform Majlis in the Ibadat Khana. The Court said, “When the Waqf Board permitted Shia Muslim women to enter into prayer halls, by their proceedings dated 15.06.2007, it is not known why they have been prohibiting Akhbari Sect of the same community to enter into Ibadat Khan. This itself manifests clear discrimination on the part of the respondents.”

The Court found merit in the petitioner's contention, stating that the respondents' actions amounted to discrimination and a violation of fundamental rights. The Court issued an interim direction to the respondents, instructing them to permit Akhbari Sect women to conduct religious activities in the Ibadat Khana.

The case is scheduled for the next hearing on January 03, 2024.

Cause Title: Anjun-ran-e-Alavi, Shia Imamia Ithna Ashari Akhbari (Regd) Society v. State of Telangana & Ors.

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