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
November 11,2024

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Mangaluru: In a deeply tragic turn of events, a 28-year-old woman named Ranjitha, who had recently given birth but tragically lost her newborn, ended her life by suicide on Monday. She reportedly leapt from the fourth-floor window of Lady Goschen Hospital’s luggage room.

Ranjitha, whose strength and resilience had carried her through a difficult pregnancy, was scheduled for discharge on Monday. Her journey to Lady Goschen Hospital began on October 24, when she was transferred from Karkala. She was a high-risk patient, battling both hypertension and diabetes. At the time of her admission, she was just 27 weeks pregnant.

Due to the complexities of her health, doctors made the difficult decision to perform an emergency C-section on October 30. She delivered a baby girl, premature and weighing only 960 grams. The newborn was immediately moved to the Neonatal Intensive Care Unit, where doctors did all they could. Despite these efforts, the baby passed away on November 3.

Ranjitha’s sorrow was profound. She stayed under hospital care even after her initial recovery and was preparing to go home on November 9. She had even requested a couple more days at the hospital, seeking time perhaps to cope with her unimaginable grief.

On the day of her discharge, a discharge card ready and her family eagerly waiting to take her home, Ranjitha reportedly made her way to the luggage room in the early hours. There, standing on a cot placed for patients' family members, she climbed to a window and fell from the fourth floor. Despite the attempts of another visitor to intervene, tragedy was inevitable. She was rushed to Government Wenlock Hospital, where doctors confirmed the worst—she was no more.

Dr. Durgaparasad M R, the Medical Superintendent at Lady Goschen Hospital, shared his grief and spoke of the ongoing investigation. A post-mortem is to be conducted, and the local Tahsildar will complete the necessary inquest procedures. Ranjitha’s exact reasons for taking this step are yet to be confirmed, though the weight of her recent losses paints a sorrowful picture.

If you or anyone you know is struggling emotionally, please remember that help is available. Reach out to mental health experts who can provide support and guidance. The toll-free helpline number 9152987821 is available to assist anyone in distress.

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News Network
November 25,2024

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Bengaluru: Karnataka Chief Minister Siddaramaiah has instructed the Hindu Religious Endowment Department to submit a proposal for constructing a gold chariot for the presiding deity of the state, Chamundeshwari, official sources said on Monday.

The directive follows a request from Member of Legislative Council (MLC) Dinesh Gooligowda, who highlighted the historical and cultural significance of the Chamundeshwari Temple on Chamundi Hill in Mysuru, which dates back to the 12th century AD.

Gooligowda noted that the existing wooden chariot, donated by devotees from Coimbatore, Tamil Nadu, has deteriorated over time.

“Devotees have expressed their desire to organise a ‘rathotsava’ using a gold chariot for Goddess Chamundeshwari. This proposal has been under consideration for some time, with an estimated cost of Rs 100 crore,” the MLC said.

He emphasised that the government’s financial involvement would not be required, as devotees are willing to contribute towards making the chariot a reality.

Gooligowda proposed a deadline for the 2025 Dasara festival for the completion of the chariot, ensuring it is ready for the grand procession featuring the idol of Chamundeshwari.

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