In a landmark judgment delivered by Justice Nagesh Bheemapaka, the Telangana High Court has decisively ruled that the Quran does not preclude women from entering mosques. This ruling, rendered in the case of Anjumane Shia Imamia Ithna Ashari Akhbari Registered Society v. State (WP No. 33130 of 2023), addresses the exclusion of women from the Ibadat Khana mosque in Hyderabad and highlights broader issues of gender equality and religious rights.

By drawing on the principles established in the Supreme Court's 2018 Sabarimala case and interpreting Quranic verses, the Court reinforces constitutional guarantees of equality and non-discrimination. This ruling not only resolves the specific dispute concerning the Akhbari sect but also sets a significant precedent for the intersection of religious practices and gender equality in India.

Introduction
The complex interplay between religious doctrines and gender equality has long been a contentious issue in India, where constitutional mandates often intersect with entrenched religious practices. The recent judgment by the Telangana High Court has brought this debate into sharp focus, addressing a case that challenges the exclusion of women from a mosque.

The case, Anjumane Shia Imamia Ithna Ashari Akhbari Registered Society v. State (WP No. 33130 of 2023), involves the Anjumane Shia Imamia Ithna Ashari Akhbari society's petition against the Telangana State Waqf Board, which had allegedly denied Akhbari women access to the Ibadat Khana mosque in Hyderabad.

The dispute centers on the exclusion of women from certain religious practices, reflecting broader concerns about gender discrimination within religious contexts. The petitioners argued that this exclusion violated their fundamental rights under Articles 14 (equality before the law) and 25(1) (freedom of religion) of the Indian Constitution. The case is significant not only for its immediate implications for the Akhbari sect but also for its broader impact on the understanding of gender and religious rights in India.

Case Background
The Anjumane Shia Imamia Ithna Ashari Akhbari Registered Society approached the Telangana High Court after their repeated requests for the inclusion of Akhbari women in mosque activities were ignored by the Telangana State Waqf Board. The petitioners contended that while women from the Usooli sect had been granted access to the Ibadat Khana mosque since 2007, Akhbari women were unjustly excluded.

This exclusion, they argued, constituted discrimination and violated their fundamental rights under Article 14 (Equality before law,The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.) and Article 25(1)(Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.) of the Indian Constitution.

The Waqf Board defended its position by invoking religious sentiments and traditional practices, even though it acknowledged the absence of a Quranic prohibition against women's entry into mosques. The Board also raised procedural objections, including the claim that the matter was sub judice before a Tribunal, questioning the maintainability of the writ petition. Furthermore, the Waqf Board asserted that the Ibadat Khana was intended for both sects and that efforts had been made to comply with earlier directives allowing women's access.

Judicial Analysis
Justice Nagesh Bheemapaka's judgment provides a thorough analysis of the relevant Quranic texts and constitutional principles. In his ruling, Justice Bheemapaka cited Surah Al-Baqarah, verses 222 and 223, which pertain to natural rest periods for women rather than a blanket prohibition on their presence in prayer halls. These verses, the Court observed, do not mandate the exclusion of women from mosques but rather address specific circumstances related to health and cleanliness.

The Court's interpretation was significantly influenced by the Supreme Court's 2018 ruling in Indian Young Lawyers Association v. State of Kerala (Sabarimala Temple). In that case, the Supreme Court affirmed that gender-based exclusions from religious spaces were unconstitutional, establishing that the Constitution guarantees the right to religious freedom under Article 25(1). This precedent was pivotal in the Telangana High Court's decision, reinforcing that gender-based exclusions violate fundamental constitutional rights.

Justice Bheemapaka highlighted the discriminatory nature of the practice at the Ibadat Khana mosque. The Court noted that while women from the Usooli sect had been granted access since 2007, the continued exclusion of Akhbari women amounted to unjust discrimination. The judgment emphasized that the principles established in the Sabarimala case should apply to the present case, reinforcing the notion that religious practices cannot override constitutional guarantees of equality and non-discrimination.

Legal Precedents and Constitutional Provisions
The Telangana High Court's ruling is grounded in several significant legal precedents and constitutional provisions:
Article 14 of the Indian Constitution guarantees equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. The Court's decision underscores this principle by addressing the discriminatory treatment of Akhbari women.

Article 15(1) prohibits discrimination on grounds of sex, among other factors. The Court's ruling asserts that exclusion from religious spaces based on gender contravenes this constitutional mandate.

Article 21 protects the right to life and personal liberty, including the right to practice religion freely. The Court's directive to allow Akhbari women access to the mosque highlights the importance of this provision in ensuring religious freedom.

The Supreme Court's Sabarimala Judgment (2018) established that gender-based exclusions in religious practices are unconstitutional. This ruling has been instrumental in challenging similar exclusions in various contexts, including the present case.

Conclusion
The Telangana High Court's ruling in Anjumane Shia Imamia Ithna Ashari Akhbari Registered Society v. State marks a significant advancement in the discourse on gender equality and religious rights. By affirming that the Quran does not prohibit women from entering mosques and referencing the Supreme Court's Sabarimala judgment, the Court has reinforced the constitutional principles of equality and non-discrimination. This ruling not only addresses the immediate concerns of the petitioners but also sets a precedent for future cases involving gender and religious rights.

The decision challenges entrenched patriarchal norms and underscores the evolving interpretation of constitutional principles in the context of religious practices. It reflects a broader commitment to upholding the principles of equality and justice enshrined in the Indian Constitution. The judgment affirms that religious spaces must be accessible to all, regardless of gender, thereby advancing the cause of gender equality in India's religious institutions.

References:

• Anjumane Shia Imamia Ithna Ashari Akhbari Registered Society v. State, WP No. 33130 of 2023, Telangana High Court.
• Indian Young Lawyers Association v. State of Kerala (Sabarimala Temple), 2018 SCC OnLine SC 1690.
• The Constitution of India, Articles 14, 15(1), 21.
• Surah Al-Baqarah, Quran, Verses 222-223.