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

News Network
September 7, 2022

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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.

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News Network
January 1,2025

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A new report released by the UN Human Rights Office says Israel’s indiscriminate attacks on hospitals in Gaza have had a catastrophic effect on the territory’s healthcare system.

Jeremy Laurence, Spokesperson for the Office of the UN High Commissioner for Human Rights (OHCHR) said on Tuesday the regime has used heavy bombs to attack civilians taking shelter in hospitals.

Laurence added that the UN office has also verified the precision targeting of people inside hospitals, including healthcare workers.

He stressed that deliberate attacks on places where the sick and wounded are treated is a war crime.

“And beyond the conflict itself, civilians were seriously impacted. Women, especially pregnant women, have suffered gravely,” he said.

“Our Office received reports that newborns had died because their mothers were unable to attend postnatal check-ups or reach medical facilities to give birth,” he added.

“Intentionally directing attacks against hospitals and places where the sick and wounded are treated, provided they are not military objectives, is a war crime,” he said.

“Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities is a war crime. And intentionally launching disproportionate attacks is also war crime,” he stated.

Laurence said the Israeli regime’s pattern of deadly attacks on Gaza hospitals has pushed the healthcare system to the brink of total collapse.

His remarks came after UN human rights chief, Volker Turk, said earlier that Gaza's hospitals have become a death trap.

He urged independent and credible investigations into hospital-related incidents in Gaza.

Gaza’s population has been reduced by 6 percent since the beginning of the Israeli regime’s campaign of genocide in the besieged Palestinian territory in 2023, the Palestinian Central Bureau of Statistics said.

According to the bureau’s report published on Tuesday, the Israeli offensive has left 45,541 Palestinians dead, 11,000 missing and believed to be under the rubble. At least 100,000 have also been forced to flee, the report said.

The report reveals that “90% of children aged 6 to 23 months and pregnant women” face severe nutritional deficiencies in Gaza.

The report also indicates the Israeli forces deliberately “target specific groups of the population, such as children and youth,” which leads to a significant “distortion … of the population.”

According to the bureau, this will greatly reduce the birth rate, and negatively affect the age and gender structure of the population during the years to come.

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News Network
January 4,2025

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Eight members of the Israeli Knesset (parliament) have called upon the regime’s minister of military affairs Israel Katz to instruct the occupation army to destroy all water, food and energy sources in the Gaza Strip “to achieve the war goals.”

The letter to Katz asserted “the Israeli military’s operations were failing to achieve the political objectives set for the war”, the Israeli Haaretz daily newspaper reported. 

Despite Israel’s complete siege on the Gaza Strip and the reduction in aid being allowed into the coastal territory, the legislators said the current plans to displace north Gaza residents to the south are not being implemented “properly”.

The Knesset members urged Katz to re-examine war strategies, asserting that after besieging northern Gaza and displacing its residents, the Israeli military should destroy all energy, food and water sources in the area.

They also called for the killing of anyone who moved within northern Gaza without surrendering by waving a white flag.

The measures should not be limited to northern Gaza, they said, but extended to other regions.

They made no mention of the Israeli captives being held in Gaza, Haaretz noted.

Backed by the United States and its Western allies, Israel launched the war on Gaza on October 7, 2023, after the Palestinian resistance movement Hamas carried out Operation Al-Aqsa Flood against the Israeli regime in response to its decades-long campaign of oppression against Palestinians.

The regime’s bloody onslaught on Gaza has so far killed at least 45,658 Palestinians, mostly women and children, and injured 108,583 others. Thousands more are also missing and presumed dead under rubble.

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News Network
January 1,2025

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New Delhi: In a jibe at AAP supremo Arvind Kejriwal on Wednesday, Delhi BJP chief Virendra Sachdeva urged him to give up what he said were the former CM's "deceitful and dishonest" political practices as a new year resolve.

The dig at Kejriwal comes in response to his letter to RSS head Mohan Bhagwat in which he has accused the BJP of "openly" distributing money and trying to get Puravanchali and Dalit voters deleted from Delhi's electoral rolls ahead of the assembly polls.

Sachdeva extended Kejriwal new year greetings in his letter and said since childhood we all make resolutions on New Year's day to give up bad habits and start something good and new.

The Delhi BJP president said he hoped that, on the first day of 2025, Kejriwal would strive to bring meaningful change by abandoning "dishonest and deceitful political practices".

As part of his New Year's resolution, Kejriwal should resolve to "never to swear in the name of his children", and "apologise for promoting liquor" and "making false assurances" of cleaning Yamuna, Sachdeva said.

He also said he hoped the AAP chief would stop "playing with the sentiments" of Delhi's women, elders, and religious communities by making "false promises" and will not "associate with or accept donations" from "anti-national forces" for political gains.

"May God give you the strength to walk on the path of righteousness," Sachdeva said concluding the letter.

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