Crime
Hijab ruling will have effect on constitutional morality, individual dignity, AG to HC
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
At least 18 killed in Israeli airstrikes on Gaza
Gaza, Dec 21: At least 18 Palestinians were killed in Israeli airstrikes on the central and northern Gaza Strip, according to Palestinian sources.
Local sources and eyewitnesses reported that Israeli warplanes targeted an apartment in the multi-story “Yaffa” tower in the al-Nuseirat camp, located in central Gaza.
A statement from Al-Awda Hospital in the camp confirmed that eight people were killed and 14 others injured, some seriously, in the attack.
In northern Gaza, Israeli shelling struck a house belonging to the “Khilla” family in Jabalia Al-Balad, killing 10 people and injuring several others, according to the Gaza Strip’s Civil Defence.
The Israeli army has not commented on these incidents.
Also on Friday, the military wing of Hamas, Al-Qassam Brigades, announced that one of its fighters had carried out a suicide attack targeting an Israeli force of six soldiers in Jabalia refugee camp, northern Gaza.
The Israeli army has not issued a comment on this incident.
Earlier on Thursday at least 16 Palestinians were killed by Israeli bombings in northern Gaza, the Palestinian official news agency WAFA reported.
At least 10 people were killed on Wednesday night and some others injured when the Israeli aircraft bombed the house of the Al-Najjar family in the town of Jabalia, WAFA said.
Six more people were killed due to Israeli bombing on the house of the Al-Zaytouniya family near the Al-Tabi’in School in the Al-Daraj neighborhood, east of Gaza City, it added.
The Israeli army has not commented on these incidents.
Israel has been conducting a large-scale offensive against Hamas in Gaza in retaliation for the October 7, 2023 Hamas assault on southern Israel, which resulted in approximately 1,200 deaths and 250 hostages taken.
As of Friday, the Palestinian death toll from ongoing Israeli attacks in Gaza has risen to 45,206, according to Gaza-based health authorities.
Crime
Maharashtra: Govt Employee Accused Of Attacking Marathi-Speaking Family In Kalyan Surrenders Before Cops
The Maharashtra government employee accused of attacking a Marathi-speaking family at Kalyan in Thane district surrendered before police on Friday, a senior officer said.
Akhilesh Shukla (48), an employee of the Maharashtra Tourism Development Corporation (MTDC), his wife Geeta (45) and others have been named in an FIR related to the alleged attack on the family, their neighbour, on December 18 after an argument.
Akhilesh Shukla surrendered before the Khadakpada police, senior inspector Aamarnath Waghmode said.
“We will trace the other accused,” said the police.
Meanwhile, before surrendering, Shukla posted a video on social media in which he claimed his wife was beaten up by family members of the victims.
The police have registered a case against Shukla and his wife Geeta (45) under the Bharatiya Nyaya Sanhita (BNS) sections 74 (assault or criminal force to woman with intent to outrage her modesty), 115 (voluntarily causing hurt), 351(3) (criminal intimidation), 189 (2) (3) and (5) (unlawful assembly) and others.
According to police, the attack took place around 8.45 pm on December 18, and the accused as well as the victims live on the same floor of a building in Kalyan.
As per the FIR, the victim saw Shukla quarrelling with one of their neighbours over lighting of an incense stick. The victim asked Shukla to maintain peace and not to abuse and insult the entire Marathi-speaking community.
The accused couple got angry on hearing this and beat up the victim and his wife with the help of eight to ten others. They attacked the male victim using some sharp weapon, iron rod, pipes and wooden sticks, and inflicted wounds on his arms, legs and face. The accused also molested his wife and threatened the couple, it added.
Crime
RG Kar tragedy: Calcutta HC rejects Bengal government’s objections on venue of protests by doctors’ body
Kolkata, Dec 20: The Calcutta High Court on Friday rejected the state government’s objections on the venue for the sit-in protest by the West Bengal Joint Platform of Doctors, an association of senior doctors, against the default bail granted to two accused of tampering with the evidence in the case of the ghastly rape and murder of a woman junior doctor of R.G. Kar Medical College & Hospital within the hospital premises in August.
The single-judge bench of Justice Tirthankar Ghosh on Thursday already gave permission to the doctors’ body to hold the sit-in-demonstration at Doreena Crossing in central Kolkata.
At the same time, the bench gave the opportunity to the administration to furnish its views by Friday on the possible restrictions on the programme.
However, on Friday, the counsel for the state government objected to the venue of the demonstration on grounds of traffic congestion on occasions of Christmas and New Year’s Eve and suggested an alternative location in the area for the event.
However, Justice Ghosh refused to accept the argument and said that when he had already given permission on Thursday for the demonstration to be conducted at Doreena Crossing, there was no reason for the administration to raise objections on the venue.
He advised the state administration to raise a seven-foot tall guardrail around the protest venue and ensure the protesters stayed within the enclosure during the protest period. He also said that under no circumstance, the protest programme can be extended beyond December 26.
He also ruled that the protesters should not make any objectionable comment from the protest venue or do anything that might hamper the festive mood of the city in this part of the year.
Justice Ghosh also ruled that under no circumstance the number of protesters assembling at the venue should exceed 250.
Last week, a special court in Kolkata granted default bail to the former and controversial principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal as the CBI failed to file the supplementary charge sheet against the two within 90 days from the day of their arrests. Both were accused of misleading the investigation and tampering with evidence while the initial investigation was being carried out by Kolkata Police. Following the development, the representatives of the medical fraternity in the state as well as the victim’s parents accused the CBI of gross incompetence
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