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Asking girls to take off hijab invasion of privacy, attack on dignity: Justice Dhulia

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Supreme Court judge Justice Sudhanshu Dhulia, in the split verdict on Karnataka hijab ban, on Thursday said by asking girls to take off their hijab before they enter school gates is an invasion of privacy, attack on dignity, and denial of secular education.

He said this is the time when children should learn not to be alarmed by our diversity but to rejoice and celebrate this, and also this is the time when they must realise that diversity is our strength.

Justice Dhulia said: “By asking the girls to take off their hijab before they enter the school gates, is first an invasion of their privacy, then it is an attack on their dignity, and then ultimately it is a denial to them of secular education. These are clearly violative of Article 19(1)(a), Article 21 and Article 25(1) of the Constitution”.

The judgment was delivered by a bench comprising Justices Hemant Gupta and Dhulia. While Justice Gupta dismissed the appeals challenging the Karnataka High Court judgment, Justice Dhulia set aside the high court judgment and quashed the Karnataka government order dated February 5.

The petitioners had moved the apex court, challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state.

Justice Dhulia said there shall be no restriction on the wearing of hijab anywhere in schools and colleges in Karnataka. He added that the unfortunate fallout of the hijab restriction would be that they would have denied education to a girl child.

“A girl child for whom it is still not easy to reach her school gate. This case here, therefore, has also to be seen in the perspective of the challenges already faced by a girl child in reaching her school. The question this court would put before itself is also whether we are making the life of a girl child any better by denying her education merely because she wears a hijab!” he said.

He added that the constitutional scheme, wearing a hijab should be simply a matter of choice and it may or may not be a matter of essential religious practice, but it still is, a matter of conscience, belief, and expression.

Justice Dhulia said if a girl wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education.

In a 73-page judgment, he said, “fraternity, which is our constitutional value, would therefore require us to be tolerant, and as some of the counsel would argue to be, reasonably accommodating, towards the belief and religious practices of others. We should remember the appeal made by Justice O. Chinnappa Reddy in Bijoe Emmanuel — our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practices tolerance; let us not dilute it.”

He emphasised that the Government Order dated 5 February, 2022, and the restrictions on the wearing of hijab, also goes against constitutional values of fraternity and human dignity.

Justice Dhulia said: “Liberty, equality, fraternity, the triptych of the French Revolution is also a part of our Preamble. It is true that whereas liberty and equality are well established, properly understood, and recognised concepts in politics and law, fraternity for some reasons has largely remained incognito. The framers of our Constitution though had a different vision. Fraternity had a different, and in many ways a much larger meaning with the main architect of our Constitution, Dr Ambedkar”.

He added that schools, in particular our pre-university colleges are the perfect institutions where children, who are now at an impressionable age, and are just waking up to the rich diversity of this nation, need to be counselled and guided, so that they imbibe our constitutional values of tolerance and accommodation, towards those who may speak a different language, eat different food, or even wear different clothes or apparel!

“This is the time to foster in them sensitivity, empathy and understanding towards different religions, languages and cultures. This is the time when they should learn not to be alarmed by our diversity but to rejoice and celebrate this diversity. This is the time when they must realise that in diversity is our strength,” he said.

Crime

‘Hum Bhaagna Chah Rahe The Fire Karke…Galti Hogayi Sir’: Bahraich Murder Accused Apologises To UP Cops After Being Shot Near Nepal Border 

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'Hum Bhaagna Chah Rahe The Fire Karke...Galti Hogayi Sir': Bahraich Murder Accused Apologises To UP Cops After Being Shot Near Nepal Border 

UP police on Thursday released a video showing the two accused Sarfaraz and Mohammad Talib, who allegedly killed Ram Gopal Mishra on October 13 in Bahraich, being taken to a police jeep after they were shot while trying to escape to Nepal. 

In the video, cops wearing bulletproof vests can be seen carrying both the accused who were writhing in pain after being shot in their legs. One of the accused can be heard telling the cops that they wanted to run away and that is why they fired at them. 

Amitabh Yash, Additional Director General of Police (Law and Order), Special Task Force, Uttar Pradesh told news agency that five accused in the matter have also been arrested. 

“A total of five people who are the main accused in the case have been arrested. A short exchange of fire took place in which two people were injured. The injured are Sarfaraz and Mohammad Talib. There is no death and the injured have been taken to the hospital,” Amitabh Yash said.

Injured accused admitted to hospital for treatment

ADGP (Law and Order), STF Uttar Pradesh said that two people were injured in the encounter and were admitted to a hospital for treatment.

SP Bahraich, Vrinda Shukla said that “5 people have been arrested. Two of them have been injured in police firing. I am here to assess their condition. One of the injured is Md. Sarfaraz, the other other is Md. Talib.” Ramgopal Mishra was killed while several others were injured after a clash erupted between two communities during the Durga idol immersion procession in the Mahasi area in the Bahraich district of Uttar Pradesh on Sunday.

Earlier today, Bahraich Chief Medical Officer (CMO), Dr Sanjay Kumar Sharma said that Ramgopal Mishra, who was killed in a clash that erupted between two communities during the Durga idol immersion procession in Bahraich, died due to “excessive bleeding”, officials said.

The CMO said, “The information that we have – that man died of excessive bleeding due to 25-30 pellets injuries. There are some injury marks above his left eye and on the toes. Some part of the nails of both the feet is also missing.” 

Appealing to not spread misinformation on social media, Superintendent of Police (SP) Rural, Pavitra Mohan Tripathi said, “To disturb the social harmony, misinformation is being spread on social media – there’s been a single death in the incident and the reason for death is also clear in the post-mortem report which is bullet injuries. I request people not to spread misinformation and also not to believe in any of such misinformation. The situation is peaceful in the district.” 

Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday said that providing justice to the family of the victim of the Bahraich violence is the government’s top priority, and the culprits will not be spared at any cost. He said this after meeting with family members of the deceased of the Bahraich incident in Lucknow.

The family has been provided Rs 10 lakh, a house under the PM Awas Yojana, and an Antyodaya card.

On October 16, Chief Minister Yogi Adityanath-led state government also initiated action against police officials.

According to the police, the procession was passing by a Muslim area when the two groups argued over some issues.

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National News

Assam Train Tragedy: 8 Coaches Of 12520 Agartala–Lokmanya Tilak Express Derail At Dibalong, No Casualty Reported; Visuals Surface

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New Delhi, Oct 17: The Mumbai-bound Lokmanya Tilak Express that left Agartala this morning derailed at Dibalong station in Assam at about 3:55 pm, a spokesperson of the Railways said.

“Eight coaches, including the power car and the engine of the train, got derailed. However, no casualty or major injuries have been reported,” the CPRO of Northeast Frontier Railway zone said. The accident took place in the Lumding-Bardarpur Hill section under Lumding division.

According to railway officials, Accident Relief Train and Accident Relief Medical Train have already left for the site from Lumding along with senior officials of the division to supervise the rescue and restoration works.

“Running of trains over the Lumding-Badarpur single line section has been suspended. Helpline numbers at Lumding are 03674 263120, 03674 263126,” the CPRO said.

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Maharashtra

Election Commission To Announce Poll Dates Of Maharashtra, Jharkhand Assembly Elections Today

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News Delhi: The Election Commission of India is set to announce the dates of elections for the Maharashtra and Jharkhand assembly elections on Tuesday, October 15. The announcement on the dates of the crucial polls will be done by ECI through a press conference scheduled at 3.30 pm today. The poll officials are also expected to announce bypolls for three Lok Sabha seats and 12 Assembly seats of UP and Gujarat today along with the polls for the two assemblies.

When Do Assembly Terms End For Both States?

The Maharashtra Assembly’s term is set to conclude on November 26, while on the other hand, the Jharkhand Assembly’s term will end on January 5, 2025. Maharashtra has a 288-member Legislative Assembly, while the state of Jharkhand consists an 81-seat Assembly.

Crucial Battle In Both States

In Maharashtra, the ruling Mahayuti coalition, which consists of the Bharatiya Janata Party (BJP), Shiv Sena and the Nationalist Congress Party (NCP), will face off against the Maha Vikas Aghadi (MVA). The MVA is a coalition of the Congress, the Sharad Pawar-led NCP-SP and the Uddhav Thackeray-led Shiv Sena (UBT).

In Jharkhand, the ruling Jharkhand Mukti Morcha (JMM), a key part of the opposition INDIA bloc, will be up against the National Democratic Alliance (NDA). The NDA in Jharkhand includes the BJP, All Jharkhand Students Union (AJSU) and Janata Dal (United). Both states are gearing up for high-stakes elections, with major political alliances vying for power.

Congress Reviews Poll Strategy In Maharashtra

The Congress central leadership, on Monday, held a meeting to assess its preparations for the upcoming Maharashtra Assembly elections. The meeting, chaired at party president Mallikarjun Kharge’s residence, included senior state leaders and was attended by Leader of Opposition Rahul Gandhi.

During the discussions, the Congress leadership reflected on lessons learned from the Haryana elections, particularly focusing on addressing caste-related issues. The results of the Haryana elections and their potential impact on expectations within the Maha Vikas Aghadi (MVA) alliance, which includes the Shiv Sena (UBT) and the NCP (Sharad Pawar faction), were also reviewed.

A key decision made during the meeting was the commitment to maintain the MVA alliance despite any challenges. Prominent Congress leaders like general secretary KC Venugopal and Maharashtra in-charge Ramesh Chennithala, along with state figures including Maharashtra Pradesh Congress Committee president Nana Patole, former president Prithviraj Chavan and Leader of Opposition Vijay Wadettiwar, participated in the meeting.

BJP To Release 1st List Of Candidates Soon

Meanwhile, the Bharatiya Janata Party (BJP) is preparing to release its first list of candidates for the Maharashtra polls, expected to include over 60 names. This list will be finalised by the party’s central election committee (CEC) in the next two days.

A meeting led by BJP national president JP Nadda and Union Home Minister Amit Shah was also held in New Delhi yesterday, where key leaders from the party’s Maharashtra unit and state election in-charges Bhupender Yadav and Ashwini Vaishnaw were present. The BJP’s Maharashtra unit has already shortlisted around 100 candidates, including sitting MLAs, for the CEC’s consideration ahead of the elections.

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