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Hijab ruling will have effect on constitutional morality, individual dignity, AG to HC

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Karnataka Advocate General Prabhuling Navadgi on Tuesday told the High Court that the judicial decision on hijab will have binding on “constitutional morality” and “individual dignity”.

“When we impose, the element of choice of dress goes away. The woman will be obligated to wear that dress. It becomes compulsory,” he said in his concluding remarks before a three-judge bench, headed by Chief Justice Ritu Raj Awasthi, hearing the hijab row.

“Women cannot be subjugated to any form of dress code and she can’t be made to feel less equal and children of a lesser god. Judicial declaration of every woman of a particular religion to wear hijab, would it not violate the dignity? If it is a compulsion of an attire, it is impermissible on this day.

“We propose no ban on hijab, it should be left to the choice of the woman. Right to privacy cannot be enshrined in public. Institutional discipline is paramount. Dignity of women must also be kept in mind in a plural society,” Navadagi said.

He also quoted a Bollywood song: “Na muh chupake jiyo, na sar jhuka ke jiyo, gamon ka daur bi aaye toh muskura ke jiyo”.

He argued that it is entirely on the petitioner to prove that the practice of hijab is obligatory in nature and compulsorily followed in Islam. However, they have placed 144 Surahs of Quran to the court’s query and there is no record on table to show that the custom is obligatory and it is an element of compulsion which compels a member to be expelled from the community, he added.

“Wearing of dress is freedom of speech, as argued by the petitioners as their fundamental right under Article 19 (1) (a). However, Article 19 (1) (a) is subject to public order, decency under Article 19 (2). In the present case, the uniform rule is subjected to institutional restriction and it is subjected to institutional discipline not only in schools but also in hospitals, military establishments and others,” the AG submitted.

“The rule imposes reasonable restrictions on wearing a headscarf,” he said, adding that a uniform is being prescribed till Pre-University as they have “an impregnable mindset”.

“There is no restriction on campus to wear a hijab. Only during class hours, in the classrooms, it has been not allowed and anything beyond uniforms, irrespective of any religion, is not allowed,” he said.

As Navadgi mentioned the total ban on hijab by France and Turkey in public spaces, Justice Krishna S. Dixit, who is also on the bench, intervened and stated that it depends on the constitutional policy of every country. He then said that he only wanted to bring out that there is no prohibition as such in our country.

Reiterating that hijab is not an essential practice of Islam and can’t come under the Constitution’s Article 25. (Freedom of conscience and free profession, practice and propagation of religion) he sought to bring to the notice of the court that how this has been upheld by various High Courts and Supreme Court judgments.

Giving clear indications of an early verdict on hijab row, the bench had directed counsel to complete their arguments by this week.

Chief Justice Awasthi asked the Advocate General to complete his submissions at the earliest, and he said that he would complete his arguments on Tuesday.

CJ Awasthi informed all counsel that the bench wants to complete the hearing on the case by this weekend and directed them to keep the arguments brief. “Make positive endeavors to complete within this week only,” he said.

Senior advocate R. Venkataramani, appearing for teachers who have been made respondents in the case, maintained that there are no hierarchies of religions between teachers and students. “School environment is more important than a public place. There should be a free mind among students and all minds of children should be in unity for education,” he said.

“Whatever may be the assertion, if the state is in collision with public order, morality and health, it will stop. The state comes in through Article 25 (2) in the matters of religion and finance, when it comes to regulation. There is public space and qualified public space. School is a qualified public space,” he added.

Referring to the verdict of the South African court allowing the wearing of ‘nose ring’ to school there, he stated that the court did not make an emphatic statement of religion in the judgment. “Borrowing from foreign judgments could be problematic here, though we cannot close our eyes on them,” he held.

Senior advocate S.S. Nagananda, who also appeared for teachers, maintained that there is a fine line of distinction as far as culture and religion are concerned. “It is not possible for Muslims to give five time prayers, similarly, it is not possible for a Brahmin to perform Sandhyavandana three times. This practice of wearing hijab is not an essential religious practice. There are some practices, which are required to perform otherwise, they will have consequences,” he said.

Hearing will continue om Wednesday.

Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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Crime

Maharashtra: 16-Year-Old Girl Gangraped By 2 Men In Nalasopara; 1 Arrested

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Mumbai: Police have arrested one person and are searching for another suspect who is on the run after the pair allegedly gangraped a 16-year-old girl and blackmailed her by threatening to release a video if she approached the police.

The incident took place in Palghar district’s Nalasopara neighbourhood.

Case Filed Against The Two Men

The Achole Police Station has filed a case against two men, accusing them of violating several provisions of the BNS as well as the Protection Of Children from Sexual Offences Act (POCSO) Act, based on the survivor’s statement. While police are looking for Jian, the other accused, 23-year-old Anees Shaikh, has been arrested.

About The Incident

According to the police, the girl a resident of Malad had met accused Shaikh, through social media in August and befriended him. According to her statement to police on September 2, Shaikh called her to Nalasopara for a tuition class. When the girl went to meet him, Shaikh took her to a lodge and allegedly raped her.

On September 5, Anees invited her again and, along with Jian, took her on a bike to a lodge in Arnala. There, Anees allegedly raped her again, and Jian recorded the incident on video while also physically assaulting her. According to the police officials, the accused used it to blackmail her to keep quiet about the incident. He reportedly said, “If you tell anyone about this, then it will be bad.”

The minor later filed a complaint at the Arnala Sagar Police Station. Although the first incident occurred within the Achole Police Station’s jurisdiction, Arnala Sagar Police Station registered the case and transferred it to the Achole Police Station.

Police said they are continuing their investigation and are working to apprehend the second accused, Jian.

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Crime

Badlapur Case: Badlapur school incident accused Akshay Shinde shot himself with revolver

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Mumbai: Badlapur incident accused Akshay Shinde has attempted suicide. The accused tried to commit suicide by taking the police revolver. A police officer has been injured in this incident. Akshay Shinde’s condition is said to be critical. The police have not yet given any information in this regard. The accused was accused of sexually exploiting minor girls in school. At present the police has admitted him to the hospital. It is said that this incident happened when the police was bringing him from Taloja jail to Badlapur.

When, how, what happened?
Apart from rape in school in Badlapur, two other cases of rape were also registered against Akshay Shinde. In this regard, the police had obtained his custody from the court. The incident occurred when he was being taken back from jail to police custody. While being taken for transit remand, Akshay snatched the revolver of the officer sitting next to him and shot himself. According to the latest information, Akshay’s condition is said to be critical.

Allegation of sexual exploitation of girls
Akshay Shinde is accused of sexually exploiting two nursery girls in the school. After being arrested in the Badlapur school case, Akshay Shinde’s wife has filed a case against him. After this case, it was revealed that 26 year old Akshay Shinde had married three times. When no action was taken in this matter, people of Badlapur, Thane demonstrated at the station. After this the government came into action. SIT is investigating this matter. Not only this, the hearing of this case is also going on in Bombay High Court after suo motu cognizance.

Akshay Shinde had confessed to the crime
Akshay Shinde, accused in the Badlapur sexual assault case, had confessed to his crime in front of the doctor during the medical examination. This is mentioned in the charge sheet filed by the police.

In the month of August, a case of sexual exploitation of two girls studying in a school in Badlapur came to light. The investigation of the SIT formed in this case has been completed. Akshan’s wife has accused him of trying to have unnatural sex.

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