Mumbai: The Bombay High Court on Friday held that it is the fundamental right of women to go into places of worship and it is the government’s duty to protect their fundamental right.
The court issued this direction while hearing a public interest litigation filed by senior advocate Nilima Vartak and social activist Vidya Bal, challenging the prohibition of entry of women in temples like Shani Shingnapur in Maharashtra.
The court has asked the Maharashtra government to take pro-active steps so that no one is allowed to encroach upon these rights of women and the directive of the court is seen as a break from centuries-old traditions and a victory for women’s campaign against gender bias.
The division bench of Chief Justice D.H. Waghela and Justice M.S. Sonak was hearing the PIL that sought implementation of the provisions of Maharashtra Hindu Place of Worship (Entry Authorisation) Act 1956.
The state government made a statement before the court that it would take all steps to comply with the order by enforcing the law that provides six months in prison for preventing anyone from entering a temple. Acting advocate general Rohit Deo told the court that the provisions of the Act shall be scrupulously implemented.
The acting AG, however, also told the court that if a temple in the state does not allow any person, irrespective of their gender, inside the sanctum sanctorum, then this Act and its provisions would not be of any help. According to him, if a temple allows men in the sanctum sanctorum but prohibits women, then the Act and its provisions could be used.
