Hijab ban in classroom: Another plea in Supreme Court challenges Karnataka HC verdict

News Network
March 17, 2022

Bengaluru, Mar 17: A fresh plea was filed in the Supreme Court on Thursday challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear a Hijab inside the classroom saying Hijab is not a part of the essential religious practice in the Islamic faith.

The petition has been filed by one Sajeeda Begum, who had also sought to get herself impleaded as a party in the proceedings related to Hijab ban before the Karnataka High Court.

The top court on Wednesday said that it would list other pleas on the issue for hearing after Holi vacation.

When senior lawyer Sanjay Hedge, appearing for a student, mentioned the plea for urgent listing on March 16, Chief Justice of India N.V. Ramana had said, “Others also mentioned, let us see...we will list (the petitions) after the vacation. Give us time.” Begum, in her fresh appeal filed through lawyer Talha Abdul Rahman and others, said that the teenage girls covering themselves modestly while going to receive education pose no threat to “public order." “In fact, the threat to law and order is manufactured by hecklers who are to be controlled by the State. The impugned government order would affect young girls' minds forever,” the appeal said.

The plea said that the high court failed to apply the tests applicable to restrictions on the fundamental right to freedom of speech and expression and the fundamental right of privacy without reasons.

The high court treated dress code or uniform prescribed as not involving the issue of breach of the fundamental right, without appreciating that no such uniform has yet been prescribed that takes away the right to wear hijab.

Prior to this, several other pleas including a Muslim student, who was one of the petitioners before the high court, had moved the apex court against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the Constitution.

The high court had dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear Hijab inside the classroom.

The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, the high court had said.

In one of the pleas filed in the top court, the petitioner said the high court has “erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.” “The high court has failed to note that the right to wear a Hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India. It is submitted that the freedom of conscience forms a part of the right to privacy,” it said.

The plea said the petitioner had approached the high court seeking redressal for the alleged violation of their fundamental rights against the state government order of February 5, 2022, issued under Sections 7 and 133 of the Karnataka Education Act, 1983.

The high court had maintained that the government has the power to issue impugned order dated February 5, 2022, and no case is made out for its invalidation.

By the said order, the Karnataka government had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the high court.

Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an Essential Religious Practice (ERP) and not a mere display of religious jingoism.

The petitioners had also contended that the restriction violated the freedom of expression under Article 19(1)(A) and Article 21 dealing with personal liberty.

Comments

Fredrick pinto
 - 
Saturday, 26 Mar 2022

Vacant land not cleaned for many years. Hence garbage is thrown, so many wild plants, trees, grass growing, dangerous snakes are there. please ask them to clean at the earliest. Residents it is a problem also for kids

Contact person is Fredrick
HIs phone no: 72596 20959

Fredrick pinto
 - 
Saturday, 26 Mar 2022

Vacant land not cleaned for many years. Hence garbage is thrown, so many wild plants, trees, grass growing, dangerous snakes are there. please ask them to clean at the earliest. Residents it is a problem also for kids

Contact person is Fredrick
HIs phone no: 72596 20959

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News Network
September 14,2024

Mangaluru: The block level and District Congress Committee presidents in the state will be changed in the next one month for better reach into society and bring in organisational fortification, said Karnataka Pradesh Congress Committee working president G C Chandrasheker on Saturday.

The All India Congress Committee and KPCC have a vision for bringing a change in how the party works with the last man and woman in the state, he said at a press conference here.

"We are looking at bringing development models into the state with a new vision. We are a party that likes to work with the opposition in the developmental aspects and keep all other matters away that do not relate to the development of the state.

"We have a great respect for the people of the coast who are considered to be forward-looking and perceptible, but it is also true that we do not have the numbers in the upper house and in the Urban Local Bodies (ULBs)," he said.

"Our endeavour is to not only create a strong pro-development workforce at the base level by strengthening the second and third level leadership in the state," he said.

Chandrasheker, who is also a Rajya Sabha member, said that he and his four colleagues of the rank of working presidents of the KPCC are going to every district to infuse the new thinking in our workers and leaders.

"This move will get a new surge considering the party is facing byelections in Shiggaon, Chennapatna and Sandhur segments and also vacant seats in the legislative council, followed by elections to the Urban Local Bodies and Panchayats" he said.

When asked about the reason for the changes, Chandrashekar said most of the people have already lived their tenures. The party wants to reward those who have not been given tickets to contest in the 2023 state assembly elections and 2024 Lok Sabha elections for political reasons.

There are quite good leaders and hard-working ground level workers who have great potential to lead the party in the coming years, he said.

"Women will get at least one top post in all District Congress Committees and block levels. There is also a move to give responsible positions for the workers and leaders coming from different strata of society, which are deliverable. The party will not shy away from it," he said.

The other two working presidents, Dr Manjunath Bhandary and Vasanth Kumar, were also present at the press conference.

Kumar said some of the regions in the state are dominated by the BJP. "We want to end this run and defeat the divisive models of the BJP." Bhandary said the Indian National Congress was aiming at a high development phase in the state and involve the opposition parties and their leaders in the development plans in the state. 

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News Network
September 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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News Network
September 12,2024

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The United Nations Relief and Works Agency for Palestine Refugees says six of its employees are among the at least 18 people killed in a recent Israeli aerial assault on a school in the central Gaza Strip.

In a statement released on Thursday, UNRWA said Wednesday’s Israeli airstrikes targeting the UN-run al-Jaouni school in the Nuseirat refugee camp resulted in "the highest death toll among our staff in a single incident” since the occupying regime waged a genocidal war on Gaza more than 11 months ago.

"Among those killed was the manager of the UNRWA shelter and other team members providing assistance to displaced people," it added.

UNRWA also said the al-Jaouni school, home to around 12,000 displaced Palestinians- mainly women and children, has been hit five times since the Israeli aggression began.

“No one is safe in Gaza. No one is spared,” it emphasized. “Schools and other civilian infrastructure must be protected at all times, they are not a target.”

In an X post, UN Secretary General Antonio Guterres said the deaths demonstrated “very dramatic violations of the international humanitarian law and the total absence of an effective protection of civilians.”

Meanwhile, UNRWA chief Philippe Lazzarini said the agency's staff who were killed had been providing support to families sheltering in the al-Jaouni school.

“Humanitarian staff, premises & operations have been blatantly & unabatedly disregarded since the beginning of the war,” he asserted.

Lazzarini further noted that at least 220 UNRWA employees have been killed during the Israeli offensive on Gaza.

The Israeli military claimed that the school had been used by members of the Hamas resistance group to “plan and execute” attacks against the occupation troops.

However, a survivor said the section of the school that was hit by Israel had been “dedicated only to women.”

“All of a sudden there was a huge explosion … Women and children were blown to pieces. We rushed to see our children but found them torn to pieces,” he told Al Jazeera.

Another survivor said she had lost all of her six children in the Israeli attack, adding, “What crime, what wrong did those innocent children do?”

Israel waged its brutal Gaza offensive on October 7, 2023, after Hamas carried out a historic operation against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

So far, the Tel Aviv regime has killed at least 41,084 Palestinians, mostly women and children, and injured 95,029 others. 

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