Hijab not essential practice of Islam; ban is not against constitution: Karnataka govt tells High Court

News Network
February 18, 2022

Bengaluru, Feb 18: The Karnataka government on Friday contended before the High Court that the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution, which guarantees religious freedom.

"We have taken a stand that wearing hijab is not an essential religious part of Islam," Advocate General of Karnataka Prabhuling Navadgi told the full bench of the High Court comprising Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna M Dixit.

The AG also rejected the charge of some Muslim girls, who challenged the Karnataka government's order on February 5 that barred students from wearing hijab or saffron scarves saying that it violated Article 25 of the Constitution.

"Article 25 gives freedom of conscience and free profession, practice and propagation of religion to the citizens of India. The government order also does not violate Article 19(1)(a) of the Constitution," Navadgi argued.

Article 19(1)(a) guarantees to all its citizens the right to freedom of speech and expression.

The Advocate General also contended that the February 5 order of the state government was in accordance with the law and there was nothing to object in it.

The High Court, in its interim order pending consideration of all petitions related to the hijab row, last week restrained all the students from wearing saffron shawls, scarves, hijab and any religious flag within the classroom.

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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 10,2024

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The Israeli regime has attacked displaced Palestinians in the southern part of the Gaza Strip with US-provided 2,000-pound bombs, killing at least 40 civilians, mostly women and children.

As many as 60 others were injured in the attack that targeted an area previously declared by the Israeli military as a “humanitarian zone” at the al-Mawasi refugee camp in the city of Khan Younis on Tuesday.

The military alleged that it had struck members of the Hamas resistance movement, who were “operating a command and control center” inside the targeted area, a claim that was rejected by the group as a “blatant lie.”

“The resistance has repeatedly confirmed the absence of any of its members among civilian gatherings or the use of such areas for military purposes,” Hamas said.

The bloodletting took place as part of the regime’s ongoing genocidal war on Gaza, which began on October 7 in response to a retaliatory operation staged by the territory’s resistance groups.

So far, close to 41,000 Palestinians have been killed and more than 94,800 others wounded in the brutal military onslaught.

The Tuesday massacre came after the refugee camp witnessed an influx of homeless Palestinians, who had fled there from the death and destruction spree caused by the war elsewhere across the coastal sliver. Between 30,000 and 34,000 people were living upon each square kilometer of the camp at the time of the attack, the United Nations estimates show.

The weapons deployed during the massacre have been identified as American-made MK-84 bombs, which carry 900 pounds of explosives. 

The payload can create a crater about 15 meters wide and over 10 meters deep, besides being capable of causing deadly damage around it within a radius of approximately 73 meters. 

This is not the first time when the regime deploys the ammunition against civilian targets during the war. 

More than 70 Palestinians were killed after it struck the refugee camp with the same bombs in July.

As part of its unbridled military support for the regime, the United States has armed it with as many as 14,000 of the bombs since the onset of the war.

Hamas also called the US “complicit” in such massacres that “are being deliberately carried out without regard for international law, humanitarian law, or resolutions calling for an end to the aggression.”

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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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