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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

India and Pakistan to stop all firing and military action: MEA

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New Delhi, May 10: A few minutes after US President Donald Trump announced a “full and immediate ceasefire” between India and Pakistan, the Ministry of External Affairs (MEA) said that both sides would stop all firing and military action on land, air and sea with effect from 5 PM Indian Standard Time, on Saturday.

“The Director General of Military Operations of Pakistan called the Director General of Military Operations of India at 1535 hrs earlier this afternoon. It was agreed between them that both sides would stop all firing and military action on land and in the air and sea with effect from 1700 hrs Indian Standard Time today,” Foreign Secretary Vikram Misri said in a short media briefing.

“Instructions have been given on both sides to give effect to this understanding. The Director General of Military Operations will talk again on the 12th of May at 1200 hours,” the Foreign Secretary added.

Earlier, US President Donald Trump announced a “full and immediate ceasefire” between India and Pakistan without sharing any details of the negotiations or the ceasefire.

US Secretary of State Rubio also said in a State Department statement that he and Vice-President J D Vance conducted the ceasefire negotiations.

“After a long night of talks mediated by the United States, I am pleased to announce that India and Pakistan have agreed to a full and immediate ceasefire,” President Trump wrote on Truth Social, the social media platform he owns.

“Congratulations to both Countries on using Common Sense and Great Intelligence. Thank you for your attention to this matter!” he added.

Secretary of State Rubio said in a separate statement: “Over the past 48 hours, Vice President Vance and I have engaged with senior Indian and Pakistani officials, including Prime Ministers Narendra Modi and Shehbaz Sharif, External Affairs Minister Subrahmanyam Jaishankar, Chief of Army Staff Asim Munir, and National Security Advisors Ajit Doval and Asim Malik.

“I am pleased to announce the Governments of India and Pakistan have agreed to an immediate ceasefire and to start talks on a broad set of issues at a neutral site. We commend Prime Ministers Modi and Sharif on their wisdom, prudence, and statesmanship in choosing the path of peace,” he stated.

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National News

Trump says India and Pakistan ‘agree to full and immediate ceasefire’

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Donald Trump says “India and Pakistan have agreed to a full and immediate ceasefire”.

In a post on social media platform Truth Social, the US President says: “After a long night of talks mediated by the United States, I am pleased to announce that India and Pakistan have agreed to a FULL AND IMMEDIATE CEASEFIRE.

“Congratulations to both Countries on using Common Sense and Great Intelligence. Thank you for your attention to this matter!

We have not heard this from either India or Pakistan, stay with us for the latest developments.

Pakistan and India have agreed to a ceasefire with immediate effect, Deputy Prime Minister of Pakistan, Ishaq Dar says.

He adds: “Pakistan has always strived for peace and security in the region, without compromising on its sovereignty and territorial integrity!”

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Maharashtra

Maharashtra Cyber Department warns against fake news circulation amid rising India-Pak tensions

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Mumbai, May 10: The Office of the Additional Director General of Police, Maharashtra Cyber Department, on Saturday issued an advisory warning against the circulation of fake news amid cross-border tensions, asking the citizens to show restraint.

“Spreading false information, knowingly or unknowingly, is a punishable offence under relevant provisions of law. Maharashtra Cyber strongly advises all citizens to exercise restraint and discernment while consuming and sharing information, particularly in relation to matters of national importance. The Government of India maintains official communication channels and verified platforms for issuing statements, updates, and press releases concerning national security and defence matters. Citizens are urged to rely exclusively on these official sources for information and are firmly discouraged from forwarding or amplifying unverified messages, videos, or images that may contribute to social discord or misinformation,” said the advisory.

The department has appealed to all individuals to act responsibly, verify facts from authorised sources, and report any suspicious or misleading content at the earliest opportunity.

“In view of the prevailing cross-border tensions, accurate and timely information concerning developments at the border and adjoining regions holds vital importance for citizens. However, Maharashtra Cyber has observed with concern that amidst the dissemination of critical information, several instances of fake news are being circulated across various digital platforms. This misinformation not only misleads the public but also promotes confusion and unrest within society,” said the advisory.

“A considerable volume of this fake content pertains to alleged army movements, strategic operations, or retaliatory measures from neighbouring countries. Such unverified and misleading content poses a serious risk to national security and may contribute to the escalation of tensions. Unsocial elements appear to be exploiting the sensitivity of the situation by generating and distributing this fake news with the intention of gaining followers, inciting panic, or manipulating public perception,” said the advisory.

Taking cognisance of these developments, Maharashtra Cyber has issued several notices for the removal of such false narratives across social media and communication platforms. The department remains fully committed to maintaining a secure and trustworthy information environment and will continue to coordinate with platform operators and enforcement agencies to curb the spread of misinformation.

The Cyber Department’s advisory comes a day after Chief Minister Devendra Fadnavis and Deputy Chief Minister Eknath Shinde warned that the government will take stern action against those spreading fake news on social media.

CM Fadnavis, at the meeting he chaired to review the security arrangement and preparedness amid escalating conflict between India and Pakistan, asked the administration to study the central government’s ‘Union War Book’ in depth and inform everyone about it.

Police cyber cells in every district should monitor social media and identify handles that are helping Pakistan and take action against them. If anyone is helping the enemy or spreading false information, take action against them, he said at the meeting.

Further, Eknath Shinde said, “Spreading fake news on social media is a serious crime. Strict action would be taken against it. We request that people not film, video, and broadcast whatever preparations are being made by the military and coast guard forces, as it is important from a security perspective.”

He announced that the government will initiate strong action against those engaged in spreading fake news on social media.

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