Hijab ban case: SC issues notice to Karnataka govt; next hearing on Sept 5

News Network
August 29, 2022

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New Delhi, Aug 29: The Supreme Court of India today sought response from the Karnataka government on pleas challenging the high court verdict refusing to lift the ban on hijab in educational institutions of the state.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia issued notice to the state on the pleas and posted them for hearing on September 5.
 
The bench also pulled up the petitioners, who sought adjournment in the matter, and said it would not permit "this kind of forum shopping".

Solicitor General Tushar Mehta said he would accept notice in the bunch of petitions and added, there is no need for a response affidavit.

Mehta said since the case involved a pure question of law, no reply affidavit from Karnataka govt is needed. He told SC petitioners had mentioned 6 times seeking urgent hearing.

Petitioners through Mohd Nizamuddin Pasha said urgent hearing was sought when exams were round the corner.

Pasha and other advocates said they need to prepare with the case. The SC said "you were mentioning for urgent hearing without being prepared with the case?"

One of the appeals in the top court has alleged "step-motherly behaviour of government authorities which has prevented students from practising their faith and resulted in an unwanted law and order situation".
The appeal said the high court in its impugned order "had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India".

"Wearing of hijab or headscarf is a practice that is essential to the practice of Islam," it has added. Karnataka high court in March had held that the prescription of uniforms is a reasonable restriction that students could not object to and dismissed various petitions challenging a ban on hijab in education institutions saying they are without merit.

The hijab row had erupted in January this year when the Government PU College in Udupi allegedly barred six girls wearing the hijab from entering. Following this, the girls sat in protest outside college over being denied entry. After this, boys of several colleges in Udupi started attending classes wearing saffron scarves.

This protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka. As a result, the Karnataka government said that all students must adhere to the uniform and banned both hijab and saffron scarves till an expert committee decides on the issue.

On February 5, the pre-University education board released a circular stating that the students can only wear the uniform approved by the school administration and that no other religious attire will be allowed in colleges.

The order stated that in case a uniform is not prescribed by management committees, then students should wear dresses that go well with the idea of equality and unity, and do not disturb the social order.

A batch of appeals was filed against the government's rule in the Karnataka High Court by some girls seeking permission to wear the hijab in educational institutions.

On February 10, the high court had issued an interim order stating that students should not wear any religious attire to classes till the court issues the final order.

The hearings related to the Hijab case concluded on February 25 and the court had reserved its judgement.

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News Network
September 12,2024

New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

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News Network
September 19,2024

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Mangaluru, Sep 19: Following the recent Nipah virus-related fatalities in Kerala, health authorities in Dakshina Kannada are taking proactive measures to monitor for potential cases of monkey fever. While typically found in African countries, monkey fever has raised concerns within the district, prompting increased vigilance.

To ensure early detection, travelers arriving at Mangaluru’s international airport and local ports will undergo health screenings. Additionally, a dedicated ambulance has been placed on standby for any emergent cases, and Wenlock Hospital has set aside a special ward with six reserved beds specifically for monkey fever patients.

"We currently have no confirmed cases of monkey fever in Dakshina Kannada, and there are no direct orders from the state government," said Dr. Timmaiah, the District Health Officer. "However, we are taking preventive measures, including continuous screening of incoming passengers. A special meeting is also being planned to discuss future action steps."

Dr. Timmaiah further highlighted the rise in general viral infections following the region's recent shift in weather patterns. "With the decline in rainfall, we are seeing an uptick in viral cases, particularly fevers accompanied by cough, cold, and throat pain, especially in children. Though Mangaluru has experienced mostly sunny weather, occasional rain at night has contributed to the spread of illnesses. It’s crucial for the public to remain vigilant and take preventive measures."

Health officials are urging residents to seek timely medical advice and follow recommended precautions to mitigate the spread of infectious diseases.

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News Network
September 12,2024

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Mysuru: More than 50 people have been arrested in connection with the riots between two groups of different faiths, at Nagamangala town, Mandya district, over the Ganesha idol procession, on Wednesday night.

High drama prevailed in front of the Nagamangala town police station on Thursday morning, with women belonging to both Hindu and Muslim communities staging a protest against the arrest of their family members and demanding their release.

The two groups started arguing over the Ganesha idol procession on the Mysuru-Nagamangala road, near a 'dargah'. This soon turned violent with stone being pelted. Reports said that around 25 shops were also set on fire.

Several vehicles were damaged and torched by the mob. However, police intervened and brought the situation under control, deploying additional police forces.

Holiday has been declared to schools and colleges in Nagamangala town until further notice. Police have imposed section 144 till 12 noon of September 14.

SP Mallikarjuna Baladandi, IGP (Southern Range) Boralingaiah, DC Kumar and other officials visited the spot.

District incharge Minister N Chaluvarayaswamy visited the spot on Thursday morning and took stock of the situation. Speaking to reporters he said, the incident was unfortunate.

"The clash which started around 9 pm on Wednesday, flared up with miscreants setting fire, damaging shops and vehicles in the town. There is no need for anxiety. Additional police forces have been deployed in the town and the situation is under control now," he said.

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