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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.

National News

Navi Mumbai: Kharghar Residents Halt PCMC Roadwork, Demand Permanent Fix To Pothole Woes

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Navi Mumbai: Residents of Kharghar, led by Kharghar Citizen Forum President Leena Garad, on Tuesday halted ongoing road resurfacing work near JJ Rasoi Hotel on the Utsav Chowk–Tata Hospital stretch, accusing the Panvel City Municipal Corporation (PCMC) of wasting public money on poor-quality, repetitive patchwork instead of providing lasting road solutions.

The protest came after newly resurfaced roads once again developed potholes within months of completion. “Every year, the same twenty to twenty-two spots in Kharghar develop potholes, and every year only patchwork is done. This cycle has continued for nearly eight years despite repeated complaints,” said Garad.

She added that in 2022–23, the forum had written to the civic body highlighting the recurring issue, and in 2024, they even conducted a micro-survey and submitted video proof demanding a permanent fix.

However, she alleged that instead of addressing the problem, the civic body launched roadwork projects worth Rs 200–300 crore after the Assembly elections, turning them into a “drama of pothole filling” meant for publicity rather than real improvement.

Garad further alleged that even well-constructed CIDCO roads, which earlier had no damage, were unnecessarily resurfaced through four contractors, resulting in fresh potholes.

“Roads that were smooth and strong under CIDCO have become pothole-ridden due to poor-quality, profit-driven work. Kharghar’s roads have turned into a gold mine for some contractors and officials,” she said.

After the citizens stopped the ongoing work, municipal officials arrived at the site and assured that no patchwork would be done and the entire road would be resurfaced properly. However, Garad questioned whether the civic body would act against companies allegedly linked to relatives of ruling party MLAs.

Calling it a case of “patchwork politics,” Garad demanded an independent expert audit of all Kharghar roads, legal action against responsible contractors and officials, and transparency in tender processes. She also urged the civic body to stop the annual farce of superficial patchwork and use modern, permanent repair technology.

“We are citizens, not subjects in a pothole empire. Our tax money should build durable roads, not fund corruption and repeated repairs,” Garad who was also a former corporator, asserted, warning that residents would continue to hold the administration accountable until lasting solutions are implemented.

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Punjab: Janata Party chief moves High Court for protection from arrest

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Chandigarh, Oct 15: A day after a confrontation between Chandigarh Police and Punjab Police over the custody, Janata Party president Navneet Chaturvedi, who allegedly forged the signature of legislators on nomination papers for the lone Rajya Sabha seat, on Wednesday moved the Punjab and Haryana High Court, seeking protection from arrest in the criminal case registered against him.

In the petition, Chaturvedi sought protection from arrest for 10 days and directions to the Punjab Police to produce the first information report (FIR) registered against him before the court. He also alleged attempts to abduct him by the Punjab Police on Tuesday.

Punjab Police have also moved a petition in the high court seeking his custody. After the FIR was registered in Ropar, a Punjab Police team went to Chandigarh to arrest him, but the Chandigarh Police took him into their custody.

Punjab Police on Monday reportedly registered multiple FIRs after several Aam Aadmi Party MLAs alleged that their signatures were forged on nomination papers submitted by Chaturvedi, who claims to be the national president of the Janata Party for the Rajya Sabha bypoll.

Advocate General Maninderjit Singh Bedi and Additional Advocate General Chanchal Singla sought transfer of custody of the accused to the Punjab Police, and initiation of contempt and departmental action against the officials responsible for defiance of court orders.

The Punjab Police have initiated legal action following receipt of complaints from sitting Members of the Punjab Vidhan Sabha (MLAs) regarding the alleged forgery of their signatures on nomination papers submitted by Chaturvedi.

A spokesperson for Punjab Police on Monday said the complainant MLAs have stated that they received messages and social media posts indicating that their names had been mentioned as proposers in the nomination papers filed by Chaturvedi before the Secretary of the Vidhan Sabha. Chaturvedi has filed two nominations, one on October 6 and another on October 13.

In their complaint, MLAs stated that it was found that a handwritten list of proposers, purportedly bearing the signatures of these MLAs, had been attached to the nomination papers, and the same was being circulated on digital platforms.

The MLAs have categorically denied having signed or supported the said nomination, and have alleged that their names and signatures were forged and fraudulently used without consent.

The forged documents, submitted before a constitutional authority, constitute a serious offence involving forgery, cheating, and criminal conspiracy. Based on these complaints, FIRs have been registered at different police stations in the constituencies of the complainant MLAs against said Chaturvedi.

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National News

MVA Leaders, Raj Thackeray Meet Maharashtra CEO Over Voter List Issues

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Mumbai: Maha Vikas Aghadi (MVA) leaders, along with MNS chief Raj Thackeray, visited the Maharashtra Election Commission office in Mumbai on Wednesday for a meeting with the Chief Election Officer (CEO).

Shiv Sena UBT chief Uddhav Thackeray, UBT leader Aaditya Thackeray and Congress leader Vijay Wadettiwar were also present in the election meeting.

Speaking to reporters, Uddhav Thackeray stated that they have demanded that the poll panel rectify the voter list and conduct elections after rectification.

The Shiv Sena (UBT) chief said, “Before the assembly elections of 2024, MVA had written a letter to the EC that the BJP is adding people to the voter list because it wanted to bring to your notice. We had clearly stated that until these flaws are rectified, elections should not be conducted. Also, another important point raised is that those till 31st July who have turned 18 years will only be allowed to vote. The cutoff of July 31st is unacceptable.” “Our first focus is to rectify the voter list and then prevent vote theft… We have an objection to EVM. Now, they don’t want to use VVPAT. Is it because they want to destroy the proofs? It is against democracy. When all party delegations met the Election Commission, we also called the BJP leaders, but they did not attend the meeting…” he added.

Meanwhile, in a post on X, Congress leader Vijay Wadettiwar said that they met the Election Commission officials to discuss the need to ensure that the upcoming local body elections in the state are completely transparent, fair and uphold democratic values.

The post reads, “A multi-party delegation met with the Chief Election Officer and the State Election Commissioner today to discuss ensuring that the upcoming local self-government institution elections in the state are conducted in a completely transparent, impartial manner, upholding democratic values. The foundation of democracy is trust and transparency; to sustain this trust, it is essential that every election process is flawless. This demand was made on this occasion.”

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