Karnataka High Court upholds hijab ban, claims headscarf not an essential religious practice

News Network
March 15, 2022

Bengaluru, Mar 15: In a major blow to Muslims in Karnataka, the High Court has upheld the ban on hijab imposed by the BJP government in educational institutions.

Even though holy Quran has ruled that covering head is mandatory for all Muslim women, the High Court went on to claim that wearing of Hijab does not form part of essential religious practice of Islamic faith.

Pronouncing its judgment in a batch of petitions over hijab controversy, a three-judge full bench of the court also held that prescription of school uniform is only a reasonable restriction constitutionally permissible which the students cannot object to. 

Insofar as the challenge to the Government Order dated February 5, 2022, the court said that the state government has power to issue order and no case is made out for its invalidation.

A three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi said that it had formulated a few questions and answered them.

The four questions that were formulated were:
1)    whether wearing hijab is a part of essential religious practice in Islamic faith protected under Article 25 of the Constitution,
2)     whether prescription of school uniform is not legally permissible as being violative of Article 19 (1) (a) and Article 21 of the constitution, 
3)    whether the Government Order dated February 5, 2022 apart from being incompetent is issued without application of mind arbitrary and hence violates Article 14 and 15 of the constitution,
4)     and finally whether disciplinary action should be taken against the school staff at Udupi Girls PU College.

“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith. The answer to second question is, we are of the considered opinion that the prescription of school uniform is only reasonable restriction constitutionally permissible which the students cannot object to. The answer to third question is, in view of above we are of the considered opinion that the government has power to issue the impugned government order dated 5-02-2022 and no case is made out for its invalidation. The answer to fourth question is, we are of the considered opinion that no case is made out in WP 2146/2022 for issuance of a direction for initiating disciplinary enquiry against respondents is rejected being not maintainable,” the bench said.

The bench further said, “Accordingly in the above circumstances, all these writ petitions being devoid of merits are liable to be and liable to be dismissed.” 

After the verdict, CM Basavaraj Bommai urged students to adhere to the Karnataka High Court order. "I request students to give priority to their studies. Come to school, study and attend exams," he said. 

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News Network
September 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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News Network
September 12,2024

Mangaluru: Mayor Sudheer Shetty Kannur said that as a part of the International Day of Democracy, the Mangaluru City Corporation (MCC) will hold a 23-km long human chain and plant 1000 saplings in the Bengre area on September 15.

The human chain will be formed from Pavanje bridge to the border of Arkula, which will pass through Nanthoor Junction- Kannur Junction. The event is organised with the objective of creating awareness among the public, particularly the youth, about the significance of democracy. Around 10,000 people, particularly students, will participate in forming the human chain in the city limits, he told media persons.

He said Democratic system in India is a model to the world and we should be grateful to Dr B R Ambedkar for giving the country a beautiful constitution. To make the people, particularly the youth, aware of the Constitution and its preamble, the state government has chalked out a plan to form a mega human chain from Bidar to Chamrajnagar. As a part of it, the programme will be held in Mangaluru. Students from various schools, colleges, various organisations, NGOs should actively participate to make the event a grand success.”

The Mayor said as a part of the celebrations, an arch will be built at Pavanje bridge and Kannur Junction. The Zonal office at Surathkal will be decorated with tri colour along with KPC Circle, Nanthoor Junction, Padil Junction. The main programme will be held at Kadri Circle near Circuit House in Mangaluru, which will be attended by DK MP Capt Brijesh Chowta, MLAs D Vedavyasa Kamath, Dr Y Bharath Shetty, DC Mullai Muhilan MP and others. Flags will be placed for every 100 metre of the human chain stretch. The participants can click their photos and upload it through https://democracydaykarnataka.in/ to collect a certificate, added the mayor. 

The human chain will be held from Pavanje to Mukka checkpost, Mukka chepost to Mukka Junction, Mukka Junction to NITK gate, NITK gate to Tadambail Junction, Tadambail Junction to Hotel Suraj, Hotel Suraj to Govinda Dasa College, Govinda Dasa College to Kordabbu Daivasthana, Hosabettu, Kordabbu Daivasthana to Honnakatte Junction, Kulai to APMC, Baikampady, Hotel Vishwasagar to Mangaluru traffic police check post , Mangaluru traffic police check post to Panambur circle, Panambur Circle to NMPA railway track, MCF to Kuloor bridge, Kuloor bridge to Gold Finch ground, Gold Finch ground to Kottara Chowki, Kottara Chowki to BMS Hotel, BMS Hotel to SKS apartment, KPT to Saptagiri petrol bunk, Nanthoor Circle to Kaikamba, Maroli Jodukatte till Padil Circle, Padil to First Neuro Hospital – Kannur Junction, Adyar Katte to Sahyadri College, Sahyadri College to Expert Cross (Valacchil), Express Cross to Arkula border.

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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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