SC takes Karnataka hijab girls to task, says right to dress can't be taken to illogical level

News Network
September 7, 2022

girls.jpg

New Delhi, Sept 7: The Supreme Court on Wednesday questioned the validity of arguments which insisted on wearing of hijab in schools, saying the right to dress cannot be taken to an illogical level. The court further said that the problem was that one community was bent upon using head scarf, while all others followed the uniform. 

As senior advocate Devdatt Kamat, appearing for Muslim students, claimed that there was a right to dress recognised under Article 19(1)(a) (freedom of speech and expression) of the Constitution by the Supreme Court, a bench of Justices Hemant Gupta and Sudhanshu Dhulia said, "We cannot take this to illogical ends. If you say right to dress is a fundamental right then right to undress also becomes a fundamental right." 

"I am not here to make cliche arguments. I am proving a point. No one is undressing in school," the counsel said. 

To this, the bench said, "No one is denying the right to dress." 

Maintaining that the constitutional standpoint is all religions are the manifestation of the one and the same, Kamath quoted the SC's judgement in Aruna Roy case which stated, "Ekam Sad, Viprah Bahudah Vadanti" (There is only God but the learned people describe it differently).

"Do all religions accept this? Is that stream of thought accepted by all religions?" the bench asked him. To this, he said, he was merely paraphrasing the SC judgement.

On the second day of hearing on a batch of petitions against the Karnataka High Court's March 15 judgement that upheld the ban on hijab in Pre University Colleges, Kamath questioned the state government's order saying there has to be a reasonable accommodation for the students seeking to exercise her fundamental rights under Article 19, 21 and 25 of the Constitution.

In his contentions, Kamat quoted liberally from the USA and South African jurisdictions which emphasised on the principle of reasonable accommodation. This also received an imprimatur from the Supreme Court here in several judgements.

He also said the question is whether the state failed to provide "reasonable accommodation" for the students in the exercise of their rights. "The questions here are not challenged to the prescription of uniform..Do students have to surrender their fundamental rights in order to get access to education?" he asked.

"It is not Burqa, Jilbab, it is merely a headscarf," he said, adding students from other faiths also used 'Tilak', 'Rudraksh' and 'cross', etc. On this, the bench said, "No one is bothered of what one wears inside the shirt."

Countering previous day's assertion of Karnataka's Advocate General Prabhuling K Navadgi, he said, "The government order was not as innocuous as projected by him since it specifically prohibited use of headscarf and did not give full freedom to college development council to prescribe dress code."

Kamath also submitted that the Constitution suggested "positive secularism" instead of "negative secularism" practised by countries like France where no religious insignia could be publically displayed.

The court would continue to hear the arguments on Thursday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 26,2025

The airstrikes led by the United States have killed at least 25 civilians in Yemen over the past week, marking the deadliest week of bombing on the country since the final months of the Washington-backed Saudi war in January 2022.

In a report released on Tuesday, the Yemen Data Project said the 25 civilians were the victims of 38 US-led aerial assaults on March 15-21, adding that 28 people were also injured in the attacks.

The independent tracker also said that 21 out of the 38 US air raids hit non-military, civilian targets.

“Civilian targets hit included: a medical storage facility, a medical center, a school, a wedding hall, residential areas, a cotton gin facility, a health office, Bedouin tents, and Al-Eiman University,” it said.

The deadliest US strike in the first week of US bombing campaign struck a residential area in Yemen’s northwestern Sa'ada province, killing 10 civilians and wounding 11 others, among them children.

The US began bombing Yemen on March 15, a few days after Yemen resumed its operation against Israeli-linked ships in response to Israel’s Gaza aid blockade that violated a ceasefire with the Hamas resistance group.

The Yemeni Armed Forces began their anti-Israel naval campaign in November 2023, a month after the occupying regime waged a genocidal war on the Gaza Strip.

The Yemeni forces halted their attacks in solidarity with the Palestinians in January, when Israel accepted a three-phase Gaza ceasefire.

Two months later, however, Israel unilaterally broke the Gaza truce and resumed its brutal onslaught on the besieged territory.

On Tuesday, Yemeni media reported 17 US strikes on Sa'ada and two more on the nearby 'Amran province.

The reports said American warplanes carried out "aggressive air raids... causing material damage to citizens' property," but gave no details of casualties.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 28,2025

Udupi: Deputy Commissioner K. Vidya Kumari has directed officials to expedite land acquisition for designated industrial zones in the district to facilitate new industries. She issued these instructions during a meeting at Rajatadri on Wednesday.

Lands have been identified across various taluks for industrial development. The DC emphasized that KIADB must acquire these lands and ensure essential infrastructure—electricity, roads, and drainage—to attract industries and generate employment.

A total of 77 acres of private land has been acquired and compensated, including 31.2 acres in Kerebettu village, Hebri taluk, and 45.7 acres in Shivapura village. However, approval for 36.5 acres of government land is still pending. She instructed the forest department to assess whether this land falls under an eco-sensitive zone.

For the Belapu Industrial Area, the DC urged officials to accelerate minor land acquisitions for road expansion and commence construction at the earliest. She also mandated rainwater harvesting systems for all units in the Miyaru Industrial Area to tackle water scarcity.

Currently, 22 export-based units operate in the district. The DC encouraged further promotion of exports and an increase in their number.

The meeting was attended by Joint Director of Industries Nagraj V. Naik, KIADB Development Officer Srinivasa Murthy, Small-Scale Industries Association District President Harish Kunder, Deputy Director of the District Industrial Center Seetharam Shetty, District Skill Development Officer Arun B., and others.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 26,2025

New Delhi: Leader of Opposition Rahul Gandhi on Wednesday claimed that he was not being given a chance to speak in the House which was being run in a "non-democratic style", and said Lok Sabha Speaker Om Birla had made "unsubstantiated" remarks about him.

Gandhi's remarks came after Birla asked him to follow the rules of procedure that members are expected to observe to uphold the dignity of the House. It was not immediately clear what was the reason for the Speaker to make the observation.

The former Congress president said the Speaker made remarks about him and then adjourned the House without giving him an opportunity to speak.

"The Speaker just got up and left. He did not allow me to speak a word. He was speaking about me, and I don't know what he said about me, all unsubstantiated. I said, 'let me speak as you have spoken about me', but he did not say a word and just left. He adjourned the House when there was no need of it," the former Congress president said.

About 70 Congress Lok Sabha MPs, including deputy leader of Lok Sabha Gaurav Gogoi, party general secretary KC Venugopal and party's whip in the Lok Sabha Manickam Tagore, met the Lok Sabha speaker and raised the "denial" of opportunity to Gandhi to speak in the House.

Speaking with reporters in Parliament House complex, Gandhi said there is a convention that the Leader of Opposition is allowed to speak, but whenever he gets up to speak, he is not allowed to speak.

"So, in what manner is this House being run? We are not being allowed to speak. I have not done anything, I was sitting quietly, I did not speak anything. In the last 7-8 days, I have not been allowed to speak," the Leader of Opposition in the Lok Sabha said.

In a democracy, the opposition has a place, and the government has its own place but here there is no place for the opposition, he alleged.

Gandhi said he wanted to speak on Maha Kumbh last week after Prime Minister Narendra Modi had made a statement on it but he was not allowed to speak.

"I wanted to state that it is good that Kumbh happened, and I wanted to speak about unemployment, but I was not allowed to speak. I don't know what thinking or approach does the Speaker have but the truth is we are not being allowed to speak. It (the House) is being run in a non-democratic style," Gandhi claimed.

Earlier, in his remarks, the Speaker said members are expected to conduct themselves in a manner that upholds the high standards and dignity of the House.

"Several instances have come to my notice where the conduct of members does not conform to the high standards," the Speaker said.

"In this House, father and daughter, mother and daughter, husband and wife have been members. In this context, I expect the Leader of the Opposition to conduct himself in accordance with Rule 349 that deals with rules to be observed by members in the House," the Speaker said.

"Especially, it is expected of the Leader of the Opposition to conduct himself as per the rules," the Speaker said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.