Ensure Muslims can open shops in Hindu-majority areas : Gujarat HC orders

Ahmedabad (Gujarat) – In a landmark judgment, the Gujarat High Court has reminded the State Government of its constitutional duty to ‘maintain law and order’. The Court has directed the administration to immediately remove obstacles preventing a Muslim businessman from opening a shop in a Hindu-majority area of ​​Vadodara. The decision was given by a single bench of Justice H.D. Suthar. Petitioner Onali Dholkawala had alleged that she was being continuously prevented from opening her shop because some locals did not want to allow a Muslim businessman to do business in that area.

1. Dholkawala had legally purchased a shop near Champaner Darwaza from two Hindu brothers in 2016; but the area falls under the ‘Gujarat Disturbed Areas Act, 1991’, which regulates property transactions and requires prior permission from the District Collector to purchase any property.

2. The people of this Hindu-dominated area had opposed the sale of property to Muslims and had moved the Court to nullify the transaction.

3. Locals had claimed that giving property to Muslims in this Hindu-dominated area would upset the demographic balance in the area and could lead to communal polarization.

4. However, in February 2023, the High Court dismissed the claim and imposed a fine of Rs 25,000 each on both the Hindu petitioners. The Court also said that they were trying to deprive the legal owners of the property of their rights.

5. Even after this, the locals did not allow Dholkawala to open the shop and blocked the entrance of the shop by throwing garbage.

6. Dholkawala approached the High Court. The Court has clearly stated that it is the responsibility of the State Government to ensure that all the citizens can claim their legal rights.