‘Muslim quota is unconstitutional’: Karnataka BJP govt tells Supreme Court

News Network
April 26, 2023

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New Delhi, Apr 26: The Karnataka government defended before the Supreme Court its decision to scrap reservation on the sole basis of religion for Muslim community, saying it is  unconstitutional and contrary to the mandate of Article 14 to 16 of the Constitution of India.

Such a decision is also against the principles of social justice and secularism, it said.

The state government, however, pointed out the groups within the Muslim community who were found to be backward and found mention in Group I of the 2002 reservation order continued to enjoy the benefits of reservation. 

"Merely because reservations have been provided in the past on the basis of religion, it is no ground to continue the same for perpetuity, more so when it is on the basis of an unconstitutional principle," it said, contending that to provide the quota to the community was not justified.

Maintaining that the power to classify a group of citizens as Socially and Educationally Backward Class (SEBC) has to be constitutionally exercised in accordance with the provisions of Articles 14, 15 and 16 of the Constitution, it contended that assuming for the moment that any of the commissions had recommended for the inclusion of Muslims as Backward castes, the same does not denude the power of the State Government to take a decision in accordance with law.

In an affidavit to the challenge to the validity of its March 27 order, the state government said the power has been constitutionally conferred upon the state government to provide for protection to the Backward Classes. 

The government asserted that reservation can be provided to the Socially and Educationally backward classes in society who have been historically deprived and discriminated against within the society. "The same cannot be equated with an entire religion," it said.

The Karnataka government also pointed out there is no reservation given to Muslim community on the basis of religion as a whole in the Central List. 

"Even throughout the country, it is believed verily, except State of Kerala, there is no state that provides for reservation for the Muslim community as a whole," the state government said. 

There are various communities from the Muslim religion who are included in the SEBC which also continues to be the case in Karnataka. As such, the same in itself shows that the reservation solely on the basis of religion is not the practice followed anywhere in the country except Kerala and in the State of Karnataka, till recently, it added. 

"Reservation solely on the basis of religion is also contrary to the principles of social justice. The concept of social justice aims to protect those who are deprived and discriminated against within the society. Including within the said ambit an entire religion would be an antithesis to the concept of social justice and the ethos of the Constitution. Therefore reservation cannot be extended to any community on the sole basis of religion," it said.

The provision of reservation on the basis of religion would also be contrary to the concept of secularism. Further it would be violative of right to equality and non-discrimination on the basis of race, religion, caste, gender etc, it added.

The state government further said the issue of reservations has anyway undergone a radical shift with the introduction of reservation on the basis of economic criteria (EWS) by virtue of the 103rd Amendment. It is pertinent to state that the said amendment has been upheld by this Court in Janhit Abhiyan Vs Union of India, (2022). Therefore, the Muslim community suffers no prejudice as they can avail the benefit of EWS reservation which is 10 per cent. 

In the case of Andhra Pradesh, the Supreme Court permitted the reservation for only limited identifiable communities amongst Muslims and not the entire religion, it pointed out.

"The petitioners herein have sought to give a colour to the exercise in question which is completely baseless. The timing of the decision, etc, are immaterial without the petitioners clearly demonstrating that the reservation on the basis of religion is constitutional and permissible," it said.

The state government also said that its March 27 order was passed following the High Court's order on March 23.

The initial inclusion of Muslim community into the category of Other Backward Classes in 1979 was contrary to the recommendations of the first backward class commission headed by L G Havanur. The said inclusion has thereafter been continued subsequently primarily on the ground of economic backwardness. It is pertinent to state that the constitutional scheme at that stage did not contemplate reservations to economically weaker sections, it said. 

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News Network
September 10,2024

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The Israeli regime has attacked displaced Palestinians in the southern part of the Gaza Strip with US-provided 2,000-pound bombs, killing at least 40 civilians, mostly women and children.

As many as 60 others were injured in the attack that targeted an area previously declared by the Israeli military as a “humanitarian zone” at the al-Mawasi refugee camp in the city of Khan Younis on Tuesday.

The military alleged that it had struck members of the Hamas resistance movement, who were “operating a command and control center” inside the targeted area, a claim that was rejected by the group as a “blatant lie.”

“The resistance has repeatedly confirmed the absence of any of its members among civilian gatherings or the use of such areas for military purposes,” Hamas said.

The bloodletting took place as part of the regime’s ongoing genocidal war on Gaza, which began on October 7 in response to a retaliatory operation staged by the territory’s resistance groups.

So far, close to 41,000 Palestinians have been killed and more than 94,800 others wounded in the brutal military onslaught.

The Tuesday massacre came after the refugee camp witnessed an influx of homeless Palestinians, who had fled there from the death and destruction spree caused by the war elsewhere across the coastal sliver. Between 30,000 and 34,000 people were living upon each square kilometer of the camp at the time of the attack, the United Nations estimates show.

The weapons deployed during the massacre have been identified as American-made MK-84 bombs, which carry 900 pounds of explosives. 

The payload can create a crater about 15 meters wide and over 10 meters deep, besides being capable of causing deadly damage around it within a radius of approximately 73 meters. 

This is not the first time when the regime deploys the ammunition against civilian targets during the war. 

More than 70 Palestinians were killed after it struck the refugee camp with the same bombs in July.

As part of its unbridled military support for the regime, the United States has armed it with as many as 14,000 of the bombs since the onset of the war.

Hamas also called the US “complicit” in such massacres that “are being deliberately carried out without regard for international law, humanitarian law, or resolutions calling for an end to the aggression.”

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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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News Network
September 8,2024

In a shocking development, a doctor, who worked for the mobile medical services of the Isha Foundation in Coimbatore district, has been arrested by the Coimbatore District Police on charges of sexually assaulting many girl students of a government school during a medical camp. 

The incident came to light during a meeting between education officers and the students, held following orders from Chief Secretary N Muruganandam. The meeting was part of a larger investigation after four staff members of a government college in Valparai were recently arrested for sexually harassing students.

The arrested doctor, identified as 33-year-old S Saravanamoorthy, was a native of Tirupattur district and was part of a mobile medical units team, operated by the Isha Foundation of Jaggi Vasudev alias Sadhguru.

These units have reportedly been conducting free medical camps for school students and general public across Coimbatore under their ‘Action for Rural Rejuvenation’ programme. 

During the meeting with the education officers on Wednesday, September 4, around 12 girl students belonging to classes 6 to 10, raised complaints about how they were touched inappropriately by Saravanamoorthy during these camps.

Immediately after this, the school management reached out to the Child Welfare Committee (CWC), who followed an inquiry with the students. Following this, the Perur All Women police were alerted.

The police officials visited the school and inquired with each of the survivors personally. After recording their statements, they registered a case against the doctor under Section 9(e) (whoever being on the management or staff of a hospital, whether government or private, commits sexual assault on a child in that hospital) read with 10 (punishment for aggravated sexual assault) of Pocso Act. The doctor was later arrested and has been remanded to judicial custody. 

The Isha Foundation, meanwhile, has put out a statement stating that they are fully cooperating with the investigation and that they have a zero tolerance policy for crimes against women and children. 

“It has been brought to our notice that a case has been registered against an employee who is a doctor with our outreach mobile medical services in the rural areas of Coimbatore. Isha holds a Zero Tolerance Policy for any crimes against women and children. We are cooperating with the ongoing police investigation and will take necessary actions by the legal,” read the statement.

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