Hijab ban in classroom: Another plea in Supreme Court challenges Karnataka HC verdict

News Network
March 17, 2022

Bengaluru, Mar 17: A fresh plea was filed in the Supreme Court on Thursday challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear a Hijab inside the classroom saying Hijab is not a part of the essential religious practice in the Islamic faith.

The petition has been filed by one Sajeeda Begum, who had also sought to get herself impleaded as a party in the proceedings related to Hijab ban before the Karnataka High Court.

The top court on Wednesday said that it would list other pleas on the issue for hearing after Holi vacation.

When senior lawyer Sanjay Hedge, appearing for a student, mentioned the plea for urgent listing on March 16, Chief Justice of India N.V. Ramana had said, “Others also mentioned, let us see...we will list (the petitions) after the vacation. Give us time.” Begum, in her fresh appeal filed through lawyer Talha Abdul Rahman and others, said that the teenage girls covering themselves modestly while going to receive education pose no threat to “public order." “In fact, the threat to law and order is manufactured by hecklers who are to be controlled by the State. The impugned government order would affect young girls' minds forever,” the appeal said.

The plea said that the high court failed to apply the tests applicable to restrictions on the fundamental right to freedom of speech and expression and the fundamental right of privacy without reasons.

The high court treated dress code or uniform prescribed as not involving the issue of breach of the fundamental right, without appreciating that no such uniform has yet been prescribed that takes away the right to wear hijab.

Prior to this, several other pleas including a Muslim student, who was one of the petitioners before the high court, had moved the apex court against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the Constitution.

The high court had dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear Hijab inside the classroom.

The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, the high court had said.

In one of the pleas filed in the top court, the petitioner said the high court has “erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.” “The high court has failed to note that the right to wear a Hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India. It is submitted that the freedom of conscience forms a part of the right to privacy,” it said.

The plea said the petitioner had approached the high court seeking redressal for the alleged violation of their fundamental rights against the state government order of February 5, 2022, issued under Sections 7 and 133 of the Karnataka Education Act, 1983.

The high court had maintained that the government has the power to issue impugned order dated February 5, 2022, and no case is made out for its invalidation.

By the said order, the Karnataka government had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the high court.

Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an Essential Religious Practice (ERP) and not a mere display of religious jingoism.

The petitioners had also contended that the restriction violated the freedom of expression under Article 19(1)(A) and Article 21 dealing with personal liberty.

Comments

Fredrick pinto
 - 
Saturday, 26 Mar 2022

Vacant land not cleaned for many years. Hence garbage is thrown, so many wild plants, trees, grass growing, dangerous snakes are there. please ask them to clean at the earliest. Residents it is a problem also for kids

Contact person is Fredrick
HIs phone no: 72596 20959

Fredrick pinto
 - 
Saturday, 26 Mar 2022

Vacant land not cleaned for many years. Hence garbage is thrown, so many wild plants, trees, grass growing, dangerous snakes are there. please ask them to clean at the earliest. Residents it is a problem also for kids

Contact person is Fredrick
HIs phone no: 72596 20959

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News Network
September 19,2024

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In a grand celebration of patriotism and local pride, Karnataka’s second tallest flagpole, and the tallest in Dakshina Kannada, was officially inaugurated on Wednesday, September 18, at the iconic Kadri Park in Mangaluru.

The event, a significant milestone in the city's Smart City journey, was graced by several prominent leaders. MP Capt Brijesh Chowta, a distinguished guest at the inauguration, spoke passionately about the symbolic importance of the flag. "This towering structure, made possible through the Smart City initiative, elevates the pride of every Indian. Since Prime Minister Narendra Modi took office, national sentiment has deepened. The national flag is not just a symbol, it embodies our self-respect and unity as a nation."

MLA Vedavyas Kamath shared his enthusiasm for the project, emphasizing its importance beyond mere construction. "The flagpole at Kadri Park, funded under the Smart City project, will not only serve as a beacon of patriotism but will also become a significant attraction, enhancing the city's tourism appeal."

Adding to the sense of occasion, Mayor Sudhir Shetty proudly highlighted the monument's grandeur. "Standing at an impressive 75 meters, second only to Belagavi's 110-meter flagpole, this new landmark is a testament to Mangaluru's growth and aspirations. The project, which cost Rs 75 lakh, will feature an advanced lighting system, ensuring it shines brightly, day and night, as a symbol of our national pride."

The ceremony saw the attendance of key dignitaries, including Deputy Mayor Sunita, Standing Committee President Bharath Kumar, Varun Chowta, Ganesh Kulal, MCC opposition leader Praveen Chandra Alva, MCC member Shakeela Kava, former Mayor Jayananda Anchan, Bhaskar K, and former MUDA president Ravishankar Mijar, each contributing to the significance of the occasion.

This towering flagpole, nestled amidst the serene beauty of Kadri Park, is set to become a new emblem of Mangaluru's spirit, uniting both locals and visitors in shared pride and patriotism.

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News Network
September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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News Network
September 9,2024

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Mangaluru: The Unicode Consortium has announced the inclusion of Tulu script in its latest version, Unicode 16. This update adds 80 characters to the Unicode Standard, marking a significant milestone for the Tulu-speaking community.

According to officials, the journey to this achievement began in 2001 when a member of the Unicode Consortium helped fix the Kannada script in Unicode and simultaneously advocated for the inclusion of Tulu.

Despite initial misunderstandings with the Tulu Academy in Mangaluru, the groundwork was laid for future developments. Initially, three Tulu experts had worked on the subject, including S A Krishnaiah, a Tulu scholar.

"In 2014, efforts to create a Tulu Wikipedia gained momentum, leading to its launch on August 6, 2016. By 2017, the Tulu Academy recognised the need for Tulu Unicode, forming a committee to finalise the characters with technical guidance. Concurrently, another proposal for the Tilari script was submitted," Krishnaiah said.

After extensive correspondence, the script was officially added to Unicode under the name Tulu-Tigalari. While there are minor differences between the Tulu Academy's list and the finalised Unicode version, most characters have been included. Notably, Tulu digits and some diacritic marks necessary for writing Sanskrit in Tulu script were added, he said.

According to him, the inclusion of the Tulu script in Unicode will have a significant positive impact on digital communication for Tulu speakers, including enhanced digital presence. Tulu speakers can now use their native script across various digital platforms, including social media, websites, and messaging apps, fostering a stronger online presence.

The availability of Tulu in Unicode will facilitate the creation of educational materials, such as textbooks and online courses, in the Tulu script, supporting language learning and literacy, he said.

The development of Unicode-encoded fonts, keyboard software, and converters will streamline the use of Tulu in digital communication, making it easier for users to type and share information in their native script, he said.

Being part of the Unicode Standard gives Tulu global recognition, encouraging more software and application developers to support the script, thereby increasing its usability and visibility, the Tulu scholar said.

Overall, this will empower Tulu speakers to communicate more effectively and confidently in their language, both locally and globally.

It is estimated that over 1.8 million people worldwide speak Tulu. Most Tulu speakers live in the coastal areas of Karnataka and Kerala, India, in regions known as Tulu Nadu. There are also Tulu speakers in the Gulf countries and the United States, he said.

Tulu is a Dravidian language and is related to Kannada, the official language of Karnataka. Tulu has a rich oral tradition, but there isn't much written in the language. Tulu's script is similar to Malayalam and originated from the Grantha script.

A long-drawn fight is ongoing to include Tulu in the Eighth Schedule of the Constitution. The Dravidian University at Kuppam in Andhra Pradesh has a special Tulu chair, he added.

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