Essentially, the prime case of petitioner was that in the subject Ibadat Khana, even Shia Muslim women are entitled to perform Majlis, Jashans and other religious prayers which is a fundamental right guaranteed to them under the Constitution of India. Through the present judgment, the said right has been asserted and cemented by the Court for the women belonging to the Akbhari Sect of Shia Muslims.

Background of the case:

A long-running disagreement about women’s access to the Ibadat Khana gave rise to the case.  The petitioner-society had previously submitted multiple representations to the Telangana State Waqf Board in October 2023, seeking permission for Shia Muslim women to conduct religious activities. However, receiving no response, they approached the High Court for relief.

It is essential to note that on December 11, 2023, the court initially heard arguments and passed an interim order directing the respondents to permit women of the Akbhari Sect to conduct religious activities in the Ibadat Khana. During the arguments, Asma Fatima, a woman belonging to the Shia Imamia Ithna Ashari Akhbari Sect of the Shia Community and the Secretary to the Society, had contended before the Court that the property for the Ibadat Khana had been donated to the Waqf Board way back in the year 1953, and ever since has been used to conduct Majlis, Jashans and other religious activities by the members of the Shia Muslim Sect, both women and men. This order was challenged by the third respondent/mutawalli of the Ibadat Khana, who filed an application to vacate it along with a counter-affidavit.

Arguments presented before the High Court:

By the petitioner- Senior Advocate P. Venugopal, representing the petitioner, had raised the argument that denying access to women of the Akbhari Sect to perform activities violated their fundamental rights under Articles 14 and 25(1) of the Constitution, guaranteeing equality and freedom of religion. They also cited a 2007 proceeding by the Waqf Board that allowed Shia Muslim women to conduct Majlis in the Ibadat Khana. The petitioner also brought to the notice of the Court that Shia Muslim women belonging to the Usooli Sect were being permitted to perform their religious rights within the payer hall and the discrimination was directed only towards the women of the Akhbari Sect.

According to petitioner, so far as God is concerned, men and women are the same; women can go to Ibadat Khana and offer prayers like men. There is no prohibition either by any custom, usage or even practice.

It was contended that despite making multiple representations before the Police and even the Waqf Board, both had turned a blind eye towards the plight of the women. Hence with no other remedy left, the women approached the Court.

By the respondent- The Waqf Board’s Standing Counsel Abu Akram contended that religious sentiments and conventions should be respected. The main argument of the petitioners was based on the 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. In addition to this, the respondent had also raised the issue of maintainability of the Writ Petition. Furthermore, the respondent had submitted that in view of the interim order, the members of petitioner Society are creating nuisance in the vicinity of Ibadath Khana disturbing the prayers offering by other members which is nothing but degrading the sanctity of waqf institution.

Judgment of the Court:

In its judgment, the High Court bench highlighted that when the respondents were asked to point to any specific religious text prohibiting women’s entry into prayer halls, they were unable to do the same.  In reaching the conclusion in the said case, Justice Nagesh Bheemapaka had relied on several key considerations. He cited the Supreme Court’s landmark Sabarimala Temple case, which upheld women’s right to enter places of worship. The judge noted that the Holy Quran does not prohibit women from entering prayer halls, except during a specific period. Furthermore, the bench also highlighted that the Waqf Board had previously permitted Shia Muslim women to enter prayer halls, making the exclusion of the Akbhari Sect discriminatory.

“Further, this Court observed that nowhere, in the Holy Book, 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 particular period which was given as ‘rest period’ for women by the Nature itself, there is no bar against women to offer prayers. This Court therefore, relying on the proceedings dated 15.06.2007, opined that when the Waqf Board permitted Shia Muslim women to enter into prayer halls, 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.” (Para 5)

The bench underlined that everyone has the freedom of conscience and the unalienable right to profess, practice, and spread religion without hindrance, as guaranteed by Article 25(1) of the Constitution. based on the same, the Court observed that any prohibition imposed on the Muslim women to perform religious activities will be a violation of both Article 14 (Right to Equality) and Article 25 (1) of the Constitution.

“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. This Court therefore, was 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 and thus, directed 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.” (Para 5)

The judge affirmed that the court has the authority under Article 226 to get involved in cases involving infringement of fundamental rights, even while acknowledging the pending case on the same issue before the Tribunal.

“Though learned counsel for the 3rd respondent raised the contention that the matter is pending before the Tribunal, this Court is not inclined to accept the same, for, under Article 226 of the Constitution of India, it is well-established, this Court, though alternative remedy is available, can come to the rescue of a party, who complains violation of his / her fundamental rights. In this case, admittedly, Akhbari sect of Shia Muslim are not allowed to perform Majlis, Jashans and other religious prayers, whereas Vusooli Sect of the same community are allowed which, according to this Court, is a clear discrimination.” (Para 10)

Furthermore, the court considered the Waqf Board’s statement that the Ibadat Khana belongs to the entire Shia community, including both Akbhari and Vusooli sects and Shia women. This admission strengthened the petitioner’s case for equal access to the prayer hall. Based on the above-mentioned reasonings and observations, the Telangana High Court allowed the writ petition, upholding its interim order of December 11, 2023.

The complete order can be read as follows:

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