mid-day editorial: Let's court some common sense

In a significant judgment, the Bombay High Court yesterday lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah in Mumbai, saying it contravenes the fundamental rights of a person

In a significant judgment, the Bombay High Court yesterday lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah in Mumbai, saying it contravenes the fundamental rights of a person. The court has, however, stayed its order for six weeks following a plea by the Haji Ali Dargah Trust, which wants to challenge it in the Supreme Court.

Every euphoric report yesterday quoted triumphantly that a part of the verdict said women should be permitted to enter the dargah on par with men. Celebrations, of course, are on course and it is salutations for all the activists who fought so long and hard for this. But while people only see the publicity and glamour of activism, it can often be a very lonely and challenging road. The women, and a lot of men too, are relishing and cherishing these victorious moments, and rightly so.

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Yet, the fact that something like gender equality and access to an inner sanctum needs court intervention is worrying. Equal right to public spaces is enshrined in the Constitution, and it should be taken for granted that women can also access this space, just like men can. To have to go to a court for something like this, says a lot about the skewed system and the gender discrimination thrust upon us by a patriarchal society.

So it is with other issues like height and age limit for dahi handi. This was once again a logical decision that should not have needed court intervention. It does not take rocket science to infer that pyramids that are too high are a distinct danger to limb and — in extreme cases — life. We surely did not need a court order to ensure safety for our Govindas.

The court has suddenly become a go-to forum for small issues that simply need dialogue, common sense, political will and a willingness to put the greater good over ‘popular sentiment’. While it is heartening to have progressive judgments, let us be more discerning and weigh issues, so that we do not need to take each and every issue to court.

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