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 19,2024

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Narendra Modi-led government of India has abstained in the UN General Assembly on a resolution that demanded that Israel bring an end, “without delay”, to its unlawful presence in the Occupied Palestinian Territory within 12 months.

The 193-member General Assembly adopted the resolution, with 124 nations voting in favour, 14 against and 43 abstentions, including that by India.

Those abstaining included Australia, Canada, Germany, Italy, Nepal, Ukraine and the United Kingdom.

Israel and the US were among the nations who voted against the resolution titled ‘Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory’.

The resolution adopted Wednesday demanded that “Israel brings to an end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of the present resolution.” 

The Palestinian-drafted resolution also strongly deplored the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stressed that such breaches seriously threaten regional and international peace and security.

It recognised that Israel must be held to account for any violations of international law in the Occupied Palestinian Territory, including any violations of international humanitarian law and international human rights law, and that it “must bear the legal consequences of all its internationally wrongful acts, including by making reparation for the injury, including any damage, caused by such acts.”

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News Network
September 24,2024

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Ahmedabad: The investigation into the death of a six-year-old girl in Gujarat's Dahod district has led to a chilling revelation -- the Class I student was choked to death, allegedly by her school's principal after she resisted his attempts to sexually assault her. He then dumped her body in the school's compound and her bag and shoes near the classroom. Police have arrested the accused, 55-year-old Govind Natt.

Senior police officer Rajdeep Singh Jhala said the six-year-old girl's body was found on the premises of her school on Thursday evening, sparking panic in the area. The post-mortem revealed that she suffocated to death. Police registered a case and formed 10 teams to probe the matter. The girl's mother told the police that she went to school with the principal, Govind Natt, every day. When the cops spoke to him, the principal said he had dropped off the girl at the school and left for some work.

The cops were not convinced. When they examined Govind Natt's phone location details on the day of the incident, it was found that he reached school late that day. When he was grilled, the principal confessed to the heinous crime.

"He picked up the girl from her home at around 10.20 am. Her mother helped her get into the principal's car and saw her off. But she never reached the school. The school's students and teachers confirmed this. On the way to school, the principal tried to sexually assault her, and she started shouting," the senior officer said, adding that the principal choked the girl to stop her from shouting.

On reaching the school, the principal left the girl's body in his car and locked the vehicle. "Around 5 pm, he dumps the body behind the school building and plants her school bag and shoes outside her classroom. He denied this initially, but we suspected him after the technical analysis," Mr Jhala said.

Govind Natt, police have said, faces stringent charges under the Bharatiya Nyay Sanhita and the stringent Protection of Children from Sexual Offences (POCSO) Act.

State Education Minister Kuber Dindor said it was a shameful incident for the society. "I am pained by this. We were following this up for three days. We had told police to get to the bottom of this. The principal has been arrested. I condemn this incident and we will take steps to ensure such crimes are not repeated."

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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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