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 19,2024

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The Karnataka Police’s Anti-Naxal Force (ANF) achieved a major breakthrough on Monday night by eliminating Vikram Gowda, one of Karnataka’s most wanted Naxal leaders for over two decades. The encounter occurred in the dense Kabbinale forest of Udupi district, marking a significant victory against Naxal insurgency in the region.

Who Was Vikram Gowda?

Hailing from Hebri in Udupi, Vikram Gowda, 44, was a prominent figure in the Naxal movement. He went underground in 2002, initially serving as a courier and fund collector before rising to lead a breakaway Naxal group. Despite having only a fourth-grade education, he was a staunch advocate for tribal rights and a key player in the movement’s survival in Karnataka.

Bounty: ₹3 lakh from Karnataka and ₹50,000 from Kerala.

Legacy: The last major Naxal leader in Karnataka after the 2021 arrest of B G Krishnamurthy.

The Encounter

Police revealed that Gowda and his team visited Kabbinale village to collect groceries on Monday night. Acting on a tip-off, ANF ambushed the group. When the Naxals opened fire, ANF responded, leading to Gowda's death.

Escapees: Three Naxals fled, including prominent members Latha (aka Mundgaru Latha) and Raju.

Significance: This was the first Naxal casualty in Karnataka in over two decades.

Home Minister G. Parameshwara confirmed the operation, stating, “Gowda was elusive for 20 years, escaping multiple encounters. His death is a critical step in dismantling Naxal operations in the region.”

The Decline of Naxal Activity in Karnataka

Karnataka's Naxal movement has been dwindling, with members seeking refuge in Kerala and Tamil Nadu. The group’s strength had reduced to just 19 members by 2018, but recent sightings indicate attempts at revival:

2023 Activity: Reports of Gowda-led movements in the Kodagu and Hassan districts reignited concerns.

Political Heat: The BJP criticised the Congress government, alleging it created a “safe haven” for Naxals.

A Glimpse into Gowda’s Past

Personal Life: Gowda’s ex-wife, Savitri (alias Rajita), was arrested in 2021. She was a senior Naxal commander involved in insurgency since 2004.
Rehabilitation Efforts: Since 2013, Karnataka’s rehabilitation policy has seen 14 Naxals surrender and reintegrate into mainstream society.

A Milestone in Karnataka’s Fight Against Insurgency

The operation signifies a decisive blow to Naxal resurgence in the Western Ghats. While the ANF continues its search for escapees, the Karnataka government reaffirmed its commitment to offering rehabilitation to those willing to surrender.

As Karnataka celebrates this triumph, the message is clear: there is no room for insurgency in the state.

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News Network
November 15,2024

Udupi: The Tourism Department is planning a major eco-friendly development initiative for Kamini Island, located near the Blue Flag-certified Padubidri End Point beach, aiming to attract more visitors while maintaining environmental sustainability.

Assistant Director Kumar CU emphasized that, given the island’s proximity to the Blue Flag beach, all development efforts will center around eco-friendly practices. “We are looking to enhance the Kamini River and the island’s surroundings by adding a hanging bridge, nature trails, and eco-friendly food courts offering traditional cuisine. Visitors will also be able to reach the island by pedal boats or kayaking,” he said.

The development project is estimated to cost between Rs 3 crore and Rs 4 crore. Meanwhile, the Blue Flag beach, Padubidri, continues to see a steady flow of visitors. Vijay Shetty, manager of the beach, shared that tenders for food courts and water sports have been awarded to private parties. Recently, three new coracles have been introduced, which are proving to be a hit with visitors. Additionally, three more shelters are expected to be ready by November 20.

Shetty mentioned that the beach can now accommodate between 2,500 and 3,000 visitors daily, although footfall remains lower than other district beaches due to user fees and activity restrictions. “Initially, most visitors were from Mangaluru, but now nearly 40% come from other districts, showing a shift in the visitor demographics,” Shetty noted.

To further boost tourism and promote a healthy lifestyle, a Beach Carnival is set to take place on November 23-24, featuring the National Sea Swimming Championship and a sea marathon in collaboration with the Padubidri JCI, which is celebrating its golden jubilee. Cultural events will be held at the main beach, with some sports events taking place at the Blue Flag beach. Emphasis will be placed on making all activities environmentally friendly.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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