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

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5 years ago

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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.

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Crime

One killed as DTC bus runs into pedestrians in Delhi Anand Parbat

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3 hours ago

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October 17, 2026

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One person was killed, and two others were injured after a Delhi Transport Corporation (DTC) bus hit vehicles and pedestrians in Delhi Anand Parbat area on Saturday, officials said.

According to the officials, an e-rickshaw, two bikes, and a scooter rider were hit by the bus, which was heading towards Tikri Border.

One person died on the spot, while two others were seriously injured and were shifted to the hospital.

The officials added that the bus driver fled the scene following the accident.

According to the eyewitnesses, the bus was speeding when it hit the pedestrians.

“The bus was being driven by a female driver. The bus was at a very high speed. Pedestrians tried to save themselves; however, some were hit by the bus. Around 4-5 people were injured,” an eyewitness told media.

“There is always a traffic jam in this area. There is no place to walk on this road. Rikshaws and shops have encroached upon the road. Everyone fears to walk on this road. Today, a person has died because of all this,” another said.

“Several accidents keep happening here. The situation is miserable. The police also don’t arrive on time,” a local told media.

Police and forensic teams have reached the spot and are investigating the incident. Further details are awaited.

In a separate incident, one person was killed, and three others were injured after a truck hit two motorcycles near Crescent Apartment Red Light in Dwarka Sector 18 in the early hours of Saturday.

According to Delhi Police, the fatal accident occurred at around 12.45 a.m. The two motorcycles were carrying four people, with two persons on each vehicle, when the truck struck them.

Police apprehended the truck driver, Hotam Singh, 41, a resident of Agra, Uttar Pradesh. The truck, both motorcycles, and other exhibits were seized.

A case has been registered at Dwarka North police station under relevant sections, and further investigation is underway.

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Crime

Delhi Police rescue 19 women, arrest 10 in raids on two spas in city

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3 hours ago

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October 17, 2026

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The Central District Police conducted simultaneous raids at two spa establishments in the Nabi Karim and Paharganj areas of Delhi, rescuing 19 women and arresting 10 people for their alleged involvement in illegal activities, police said on Saturday.

The raids were conducted as part of a crackdown on alleged illegal activities operating under the guise of spa services. Two FIRs have been registered under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, and further investigation is underway.

In the first operation, Nabi Karim police acted on specific information about an alleged sex racket operating at Hollywood Spa, located on the second and third floors of property number 8709-10 on Desh Bandhu Gupta Road.

According to police, on October 16, a secret informer approached Sub-Inspector Neeraj Rathi and provided information about the alleged racket. The information was shared with the station house officer (SHO), who constituted a team to verify the input and take legal action.

A police personnel was deployed as a decoy customer to verify the information. After the alleged illegal activity was confirmed, the team raided the premises, rescued 14 women and arrested nine accused.

The arrested persons were identified as Preeti Iman Ali, 39, the spa owner; Rizwan Ali, 38, the manager; Asif, 35; Shajeb, 31; Mohd. Umar, 39; Sameer, 25; Shahrukh, 35; Gulrej alias Danish, 28; and Shiva, 25. They are residents of Delhi, Uttar Pradesh, Uttarakhand and Karnataka.

An FIR (No. 473/26), dated October 16, was registered at Nabi Karim police station under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act.

In a separate operation, Paharganj police raided New Latest Unisex Salon and Spa at property number 3738 on Desh Bandhu Gupta Road. During the raid, five women were rescued, and one accused was arrested.

The accused was identified as Shakeel Ahmed, 46, a native of Rampur, Uttar Pradesh, who was residing at the spa premises in Delhi.

An FIR (No. 452/2026), dated October 17, was registered at Paharganj police station under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act.

Police teams from both stations carried out the operations under the supervision of their respective SHOs, with the Nabi Karim operation also supervised by the ACP, Paharganj.

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Crime

Five of a family found dead in Greater Noida village under suspicious circumstances

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4 hours ago

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October 17, 2026

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Greater Noida, Oct 17: A couple and their three children died under suspicious circumstances in Nagla Shri Padam village under the Rabupura police station area of Greater Noida on Saturday, police said.

According to reports, the Rabupura police station received information that a crowd had gathered outside the home of five family members from the Nagla Shri Padam village, following their deaths.

The deceased have been identified as Mahesh, 37, his wife Lalita, 35, and their three children, Laddu, 11, Mishti, 7, and Sakshat, 3.

According to the Gautam Buddh Nagar Police Media Cell, police received information about the deaths on Saturday morning.

Following the information, senior police officials, local police personnel, an ambulance and a Food Safety Department team rushed to the spot. Forensic experts and a field unit inspected the scene and began collecting scientific evidence.

Preliminary information suggests that the family had consumed noodles the previous night. Police are investigating possible food poisoning, based on accounts provided by neighbours and Mahesh’s mother. However, the exact cause of the deaths has not yet been established and will only be determined after the post-mortem examinations and other investigations.

The bodies are being sent for post-mortem examination. Further legal action will be taken based on the autopsy report and other scientific investigations, police said.

Earlier, in January 2026, Delhi Police registered an FIR against a five-star luxury hotel, located at New Delhi’s Barakhamba Road, after a woman alleged that she fell ill after consuming food there.

A 33-year-old woman made a PCR call and, based on her statements, an FIR was registered under Section 286 (negligent conduct with respect to poisonous substance) of the Bharatiya Nyaya Sanhita.

The woman complained that the hotel served her food that caused food poisoning, after which she felt unwell. The woman also told police that she had to stay in her hotel room and seek help.

A police team, including a woman Sub-Inspector, rushed to the room on the 12th floor of the hotel and, after no one responded to repeated knocks, the door was opened with the help of the hotel’s master key in the presence of staff, the FIR stated.

In another case in September 2025, around 200 people fell ill due to food poisoning allegedly after consuming buckwheat flour during Navratri fasting in northwest Delhi.

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