New Delhi, Oct 25: The Supreme Court on Friday sought the Centre's response by November 5 on a plea seeking entry of Muslim women in mosques across the country and claiming that such restriction was "unconstitutional" and violative of fundamental rights to life, equality and gender justice.
A bench headed by Chief Justice Ranjan Gogoi took note of the fact that it had issued notices to parties, which included union ministries of Women and Child Welfare and Law and Justice and Minority Affairs and the National Commission for Women, in April and three respondents (parties) have not been served with its notices.
The bench, also comprising justices S A Bobde and S A Nazeer, ordered that the notices along with copies of the petition be served on the Maharashtra State Board of Wakf, Central Wakf Council and All India Muslim Personal Law Board.
The bench then fixed the plea filed by Yasmeen Zuber Ahmad Peerzade and Zuber Ahmad Nazir Ahmad Peerzade, a Pune-based couple, for further hearing on November 5.
The central government, represented by lawyer Rajat Nair, on Friday accepted the notice.
The plea sought issuance of a direction to the government authorities and Muslim bodies to allow entry of Muslim women into mosques to offer namaz there.
"Permit Muslim women to enter through the main door of mosques and have an Islamic right to visual and auditory access to the musalla (main sanctuary)," it said, adding that "any fatwa", restraining women from entering into mosques, of Muslim bodies be set aside.
It also said that the alleged customary tradition be held as "unconstitutional and violative of Articles 14 (right to equality), 15 (gender justice) and 21 (right to life and liberty) of the Constitution".
Referring to constitutional provisions, the petitioners said there should not be any discrimination against any citizen of the country on the ground of religion, race, caste, sex and place of birth.
They added that a life of dignity and equality is the most sacrosanct fundamental right and a Muslim woman cannot be prohibited from entering a mosque.
The petitioners had told the court that the mosques in India were enjoying the benefits and grant extended to them by the State and hence they can be directed to allow entry of women inside mosques.
While issuing the notice, the Supreme Court had earlier said that it would hear the PIL only because of its judgment in the Sabarimala temple case.
On September 28 last year, a five-judge constitution bench headed by the then chief justice Dipak Misra, in a 4:1 verdict, had paved the way for entry of women of all ages into the Sabarimala temple in Kerala, saying the ban amounted to gender discrimination.
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New Delhi (PTI): Prime Minister Narendra Modi has said that the time has come for the implementation of the Women's Reservation Act in its true spirit and the 2029 Lok Sabha elections and Assembly elections are conducted with the quota for women in place.
In a letter to the floor leaders of Lok Sabha and Rajya Sabha, ahead of the three-day special sittings of Parliament, Modi also asked all members to come together in one voice to pass the amendments to the women's reservation law, officially known as Nari Shakti Vandan Adhiniyam.
"After extensive deliberations, we have reached the conclusion that the time has now come to implement the Nari Shakti Vandan Adhiniyam in its true spirit across the country.
"It is imperative that the 2029 Lok Sabha elections and Assembly elections are conducted with women's reservation in place," the Prime Minister said in his letter dated April 11.
The Budget Session of Parliament has been extended, and a special three-day sitting of the House has been convened on April 16 to 18.
The Women's Reservation Act will ensure an increase in the number of Lok Sabha seats to 816, of which 273 will be reserved for women.
The provision to provide 33 per cent reservation to women in the Lok Sabha and state assemblies was brought by amending the Constitution in 2023.
However, the women's quota would have come into effect only after the completion of the delimitation exercise on the basis of the 2027 Census. This meant the reservation would not have become enforceable before 2034 if the present law remains as is.
To implement it from the 2029 Lok Sabha elections, changes were needed in the Nari Shakti Vandan Adhiniyam; hence, the government is holding a special session to pass the amendments to the law.
