SC agrees to examine Karnataka hijab students’ plea as PUC exams loom

News Network
February 22, 2023

The Supreme Court on Wednesday, February 22, agreed to examine a plea for hearing by a group of students seeking permission to allow them to appear in annual examinations in Karnataka's pre-university colleges with their head scarf. 

Advocate Shadan Farasat, appearing on behalf of the students, submitted before a bench headed by Chief Justice D.Y. Chandrachud that they had to appear in annual examinations beginning from March 9 in the government colleges.

The bench, also comprising Justice P.S. Narasimha, queried the counsel, "why are they prevented from taking the examination?" The counsel replied because of the headscarf and further added that the students had already lost one year and if no relief was granted, they would lose another year.

The bench said the plea for listing would be examined.

The top court was informed that the students just wanted permission to appear in examinations with their 'hijab', and all these students had already shifted themselves to private colleges but they would have to go to government colleges to appear in examinations.

The counsel asked the court to fix the interim application for hearing.

On January 23, the Supreme Court agreed to examine a plea to constitute a three-judge bench to consider petitions challenging ban on hijab in classrooms of pre university colleges in Karnataka.

The Supreme Court, in October last year, gave a split verdict on petitions challenging the validity of ban on hijab worn by some Muslim girl students in classrooms of pre-university colleges in Karnataka. The split verdict was delivered by a bench comprising Justices Hemant Gupta and Sudhanshu Dhulia.

Justice Gupta, retired now, upheld the Karnataka government circular and dismissed the appeals against the Karnataka High Court judgment. However, Justice Dhulia quashed the Karnataka government's decision to ban wearing of hijab inside classrooms of pre-university colleges, saying that the Constitution is also a document of trust and it is the trust the minorities have reposed upon the majority.

Justice Dhulia in his judgment, said: "We live in a Democracy and under the Rule of Law, and the Laws which govern us must pass muster of the Constitution of India. Amongst many facets of our Constitution, one is Trust. Our Constitution is also a document of Trust. It is the trust the minorities have reposed upon the majority."

The bench had said since there is divergence of views, the matter would be posted before the Chief Justice of India for setting up a larger bench.

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News Network
September 9,2024

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Riyadh: External Affairs Minister S Jaishankar Monday met his Russian counterpart Sergey Lavrov here in the Saudi capital, days after President Vladimir Putin named India among the three countries he is constantly in touch over the Ukraine conflict.

Their interaction took place on the sidelines of the India-Gulf Cooperation Council (GCC) foreign ministers' meeting. Both the ministers are in the Saudi capital to attend ministerial meetings of the Gulf Cooperation Council.

"Russia’s Foreign Minister Sergey Lavrov held a meeting with Foreign Minister of India @DrSJaishankar," the Russian Foreign Ministry said in a post on X.

On Thursday, President Putin named India among the three countries he is constantly in touch over the Ukraine conflict and said they are sincerely making efforts to resolve it.

Speaking at the plenary session of the Eastern Economic Forum (EEF) in Vladivostok, Putin said, "If there is a desire of Ukraine to carry on with the negotiations, I can do that." His remarks came within two weeks after Prime Minister Narendra Modi's historic visit to Ukraine, where he held talks with President President Volodymyr Zelenskyy.

"We respect our friends and partners, who, I believe, sincerely seek to resolve all issues surrounding this conflict, primarily China, Brazil and India. I constantly keep in touch with our colleagues on this issue,” Putin was quoted as saying by Russia's TASS news agency.

Russian Presidential Spokesman Dmitry Peskov last week told the Izvestia daily that India could help in establishing a dialogue on Ukraine.

Underlining the existing "highly constructive, even friendly relations" between Modi and Putin, he said the Indian Prime Minister can "lead the line on getting first-hand information from the participants in this conflict," as he “freely communicates with Putin, with Zelenskyy, and with the Americans.” "This gives a great opportunity for India to throw its weight in world affairs, to use its influence that would drive the Americans and Ukrainians towards using a greater political will and entering the peaceful settlement track,” Peskov said.

He, however, said there are "no specific plans" for Modi to mediate on the issue.

"At this time they can hardly exist, as we do not see any preconditions for talks for now,” the Kremlin spokesman said.

Modi on August 23 visited Ukraine where he conveyed to President Zelenskyy that both Ukraine and Russia should sit together without wasting time to end the ongoing war and that India was ready to play an "active role" to restore peace in the region.

His nearly nine-hour visit to Ukraine, the first by an Indian prime minister since its independence in 1991, came six weeks after he held summit talks with President Putin that triggered anguish in some Western countries.

In his talks with Zelenskyy in Kyiv, Modi said India was on the side of peace since the beginning of the conflict and he would even like to contribute personally to a peaceful resolution of the crisis.

Jaishankar arrived in the Saudi capital Sunday on the first leg of his three-nation tour to attend the first India-Gulf Cooperation Council (GCC) foreign ministers' meeting.

The GCC is an influential grouping, comprising the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait. The total volume of India's trade with GCC countries stood at USD 184.46 billion in the financial year 2022-23.

From Riyadh, Jaishankar will travel to Germany where he will meet the German Foreign Minister as well as the leadership and other Ministers from the German government to review the entire gamut of bilateral relations. This will be his third bilateral visit to Berlin.

On the third and final leg of his trip, Jaishankar will visit Geneva.

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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 12,2024

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Prime Minister Narendra Modi's visit to CJI D Y Chandrachud's house for Ganesha puja celebrations has raised doubts in the mind of Shiv Sena (UBT) leader Sanjay Raut, who questioned whether he would deliver 'justice' in the ongoing case the party has in the Supreme Court, given that the PM is the other party in the case.

Speaking to ANI, Raut said "Ganpathi festival is going on, people visit each other's houses. I don't have info regarding how many houses PM visited so far...but PM went to CJI's house and they together performed 'Aarti'."

He said that a custodian of the Constitution meeting politicians could raise doubts in the minds of people.

"In our case, other party is the central govt...Chief Justice should distance himself from this case because his relation with the other party in the case is openly visible," Raut continued.

He also raised questions if the CJI be able to give them justice in the case. "We are getting dates after dates and an illegal govt is going on...Shiv Sena and NCP were broken in such a way...we are not getting justice and PM Modi is taking a lot of interest in the illegal govt of Maharashtra, to save them," the Sena (UBT) leader continued.

Raut alleged that a doubt had been formed in Maharashtra's mind given the 'bond' the PM and the CJI seem to share.

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