'Hijab is compulsory in Islam; courts don't know its essentiality', say petitioners to SC

News Network
September 14, 2022

New Delhi, Sept 14: The petitioners on Wednesday told the Supreme Court that according to the religious text, wearing of hijab was 'farz' (compulsory in Islam) and the courts were not equipped to determine its essentiality.

Senior advocate Rajeev Dhavan, representing some petitioners, submitted before a bench comprising Justices Hemant Gupta and Sudhanshu Dhulia that once it was shown that wearing a hijab is a bona fide practice then it was permitted, while citing the apex court's decision in Bijoe Emmanuel case. Dhavan said that the conclusion of the Karnataka High Court was puzzling, as it said hijab was not mandatory due to the absence of prescription of penalties.

The bench queried Dhavan that his argument was that the courts were not equipped to decide the matter, and if a dispute arises then which forum will decide it? Dhavan said what was the dispute? Whether hijab was an essential practice? He added that hijab was worn all over the country, and as long as it was bona fide and prevalent, the practice must be allowed and there was no need to refer to the religious text.

Dhavan argued that according to the tenets of the faith, if something has been followed, it was allowed, and if it was bona fide, there was no need to go back to the text. Also, if a belief of a community was proved then a judge was bound to accept that belief, instead of sitting on a judgment on that belief, he added.

Citing the Kerala High Court decision, he added that the analysis of the Quranic injunctions and the Hadiths would show that it was a 'farz' to cover the head. The bench queried, what was the basis of saying it was a 'farz'?

Justice Gupta told Dhavan, "You want us not to do what the Kerala High Court has done?" He replied that "if one were to interpret the text then the answer to it is farz, and if it is a ritual that is prevalent, and is bona fide, your lordships will allow."

Dhavan further added that the rationale in the Kerala case given by the Board was that it was a measure to prevent malpractices in the All India Pre Medical Test (AIPMT) in 2016, but in Karnataka case, there was no rationale given. He added that hijab was permitted across the board in public places, so what was the basis to say hijab can't be allowed in a classroom and was opposed to public order? Concluding his argument, Dhavan said there was no foundation in the government order against hijab, it violates Article 14 and 15, and this was not permissible in the Constitution.

The hearing in the matter will continue at 2 p.m.

The apex court was hearing submissions on the fifth day against the Karnataka High Court's judgement of March 15 upholding ban on Hijab in pre-university colleges.

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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

Mangaluru: In a shocking case of fraud, six individuals posing as officials from the Enforcement Directorate (ED) swindled a beedi businessman of Rs 25 to 30 lakh in cash and five mobile phones at Kolnad in Bantwal taluk of Dakshina Kannada on Friday night.

The incident came to light after Mohammed Iqbal, 27, lodged a complaint with the police, stating that his father, a beedi trader, was targeted by the imposters.

According to the complaint, the six accused arrived at the businessman’s residence around 8:10 pm in a car with Tamil Nadu registration plates. Claiming to be ED officials, they announced that they had orders to search the house and began confiscating mobile phones from the family members.

The fraudsters reportedly discovered Rs 25 lakh to Rs 30 lakh in cash, which the businessman had kept aside for business purposes. They claimed that keeping such a large amount was illegal and threatened to arrest him unless he complied. By 10:30 pm, the group left the house, instructing the businessman to submit documents at the ED office in Bengaluru to reclaim the money.

Later, upon discussing the incident with his family, Iqbal realized that the individuals were not ED officials but fraudsters who had impersonated authorities to rob them.

A case has been registered at Vittal Police Station under relevant sections of the Indian Penal Code. An investigation is underway, and the police have promised swift action to apprehend the culprits.

Dakshina Kannada Superintendent of Police Yathish N, along with senior officers, visited the crime scene and assured the family that the perpetrators would be brought to justice at the earliest.

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News Network
January 6,2025

Bengaluru: An eight-month old baby has been detected with the human metapneumovirus (HMPV) in a Bengaluru hospital on Monday, with reports going viral online. This is likely the first reported case of HMPV in the country after the recent spike in China.

The baby is reportedly undergoing treatment in a private hospital in northern Bengaluru.

The Karnataka state health department has maintained that there is no cause for concern.

"We don't know what strain of virus is spreading in China. Without knowing that, we cannot say that this reported case is concerning. We have been reviewing all influenza-like illnesses (ILIs) from December to check for any strain that is concerning. There is no such concerning spike across the state or country," said a well-placed source in the state health department.

The HMPV is a known virus (first discovered in 2001) that causes respiratory symptoms similar to that of a common cold, largely affecting children below the age of five. It is not a new virus.

Cases have been reported in the past, especially in the winter season, note experts and health department officials, making it not an immediate concern, unless an unusual spike is observed.

In December 2024, 714 suspected cases of HMPV were tested in 16 Virus Research and Diagnostic Laboratories (VRDLs) across the country, of which only nine were confirmed positive.

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