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K’taka HC upholds ban on hijab in schools & colleges, dismisses all petitions

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The Karnataka High Court’s special bench on Tuesday dismissed all petitions seeking direction for permission to wear hijab in classrooms.

The HC also stated that “wearing of hijab is not an essential part of Islam. Prescription of uniform is constitutional and students can’t object to it.” Chief Justice Ritu Raj Awasthi read the judgement.

“We are of the considered opinion that wearing a hijab by Muslim women does not form any essential form of practice in Islamic faith. The prescription of school uniforms is only a reasonable restriction and are constitutionally permissible which the students cannot object,” the bench said.

“In view of the above we are of the considered opinion that the government has power to issue the government order dated February 5, 2022 (restricting hijab in classrooms) and no case is made for its invalidation,” the bench noted.

The bench further observed, “We are of the considered opinion that no case is made out for issuance of direction of disciplinary action and warrants against the respondents. Therefore, the petition in this regard is rejected as not maintainable.

“Accordingly in above circumstances all these petitions are devoid of merits and liable to be dismissed, and all the pending applications are not maintainable and disposed of,” the bench underlined.

The bench after commencing the session said that keeping the holistic view of the entire matter, it has formulated a few questions and they have answered them.

“The questions which are formulated are whether wearing of hijab, headscarves is a part of essential religious practice in Islamic faith protected under Article 25 of the constitution?

“The second question is whether restriction of school uniforms is not legally permissible and being violative of petitions fundamental rights guaranteed under Article 19 (1) (a) freedom of expression and privacy?

“The third question whether government order dated February 5, 2022 apart from being incompetent is being issued without application of mind and further it is manifestedly arbitrary and therefore violates the Articles 13, 14 of the constitution?

“Whether any case is made out in the petition of issuance of direction initiating disciplinary enquiry and warrants against respondents? The special bench said.

As a precautionary measure security was beefed up across the state. Holiday was declared in the districts of Dakshina Kannada, Kalaburagi and Shivamogga for schools and colleges.

Most of the districts imposed prohibitory orders in the surrounding areas of educational institutions. The Bengaluru Police Commissioner Kamal Pant issued prohibitory orders restricting protests, celebrations and gatherings in the entire city for seven days from March 15.

The hijab row, which started as a protest by six students of the Udupi Pre-University Girl’s College, turned into a big crisis.

The bench headed by the Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice Jaiunnesa Mohiyuddin Khaji heard the matter on a daily basis.

The counsels appearing for the petitioners contended that restriction on hijab to classrooms is a violation of fundamental rights and religious rights. There is no legal standing for the School Development Committee (SDC) or College Development Committee (CDMC), they said.

They also argued that wearing of hijab is an integral part of Islam. However, the Advocate General and other counsels appearing for the government argued that wearing of hijab is not an essential part of Islam. They have also stated that the government respects the wearing of hijab and it had been left to the discretion of SDMC and SDCs. It was also brought to the notice of the court that many Islamic and European countries have banned hijab.

Crime

Thane Residents Zakir Irani And Sonu Jadhav Get Five-Year Jail Term, ₹15.3 Lakh Fine For Chain Snatching

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Mumbai: The special MCOCA court on Thursday sentenced two Thane residents to five years’ imprisonment for chain snatching and operating a crime syndicate in a November 2020 incident. The MCOCA court imposed a fine of Rs15.3 lakh on each of the accused.

The court found Zakir Irani, 39, guilty of chain snatching and heading a crime syndicate involved in such crimes, along with Sonu Ananta Jadhav, alias Raj, 28.

According to the prosecution, the complainant was on a morning walk toward Goal Garden, Malad (East), on November 9, 2020, at around 6am. At around 6.10am, a blue-coloured motor scooter approached from behind, and the pillion rider attempted to snatch a gold chain from his neck. The complainant resisted, but the pillion rider inflicted a blow with a helmet on his head, causing him to lose his balance. The rider then snatched the chain.

The complainant claimed that two passersby helped him get up, but the assailants threatened to kill him by running him over. The complainant chased them and tried to note the bike’s license plate number, but two digits were missing. He later lodged a complaint with Dindoshi police station. The police acted quickly and, based on a confidential tip, arrested Irani on the same day. A month later, Jadhav was also arrested.

Public prosecutor Jaysingh Desai contended that Irani had four prior cases and was out on bail when he attacked the complainant in this case. It was also noted that Jadhav was a co-accused in some of these cases. Desai argued that Irani headed the syndicate.

The prosecution stated, “It clearly reflects that in each and every case, Zakir is the ma in accused and there are certain other associates like Gulam Hussain with Zakir in three cases…. In all cases, the modus operandi is the same: the accused target the victim’s neck to snatch a gold chain or mangalsutra.”

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Crime

Mumbai Crime: 32-Year-Old BMC Employee Found Dead Inside SRA Building At HDIL Compound In Kurla; Police Launch Probe

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Mumbai: A 32-year-old employee of the Brihanmumbai Municipal Corporation (BMC) was found dead in Building No. 9 of the Slum Rehabilitation Authority (SRA) project at HDIL Compound, Kurla (West), on Thursday afternoon, police officials said. The incident was reported around 4:30 PM by the V B Nagar Police Station.

According to the police, the deceased has been identified as Rajesh Parmar, a resident of the Ghatkopar area, who worked in the BMC Solid Waste Management (SWM) department, F North Ward.

The body has been sent to the Rajawadi Hospital for postmortem examination. The exact cause of death remains unknown and further investigation is currently underway.

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Crime

Mumbai Shocker: 20-Year-Old Specially-Abled Girl Sexually Assaulted By Over 17 Men; DNA Samples Sent For Testing

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Mumbai: A very shocking incident has taken place in South Mumbai. A shocking incident has come to light in South Mumbai where a 20-year-old girl was sexually abused by more than 17 people on different days.

In this Case have been registered against unknown person under 64 (2) (i) (commits rape, on a woman incapable of giving consent) and 64 (2) (k) (commits rape on a woman suffering from mental illness or physical disability) of the Bhartiya Nyaya Sanhita at Cuffe Parade police station, said the police officer. Blood samples of more than 17 suspects named by the victim girl have been taken and sent for DNA testing with the Fetus.

According to FIR, This case was registered on September 22 and in this case, a 17-year-old minor boy has been taken into custody and a 34-year-old married man has been arrested.

Importantly, the NGO Vidhayak Bharati has helped the police in getting the victim girl, who is a special child, who unable to talk proper and deaf. Psi Ashwini Koli – Patil worked hard to detect this crime case.

According to the information given by the police, The victim girl complained to her grandmother that she felt worms moving in her stomach. She was then admitted to Cama Hospital. At that time, it was revealed that the girl was 5 months pregnant. Then the Call received from Cama Hospital to Police was unmarried, mentally retarded and five months pregnant.

In connection with this incident, when Cuffe Parade Police went to the said place to record the statement of the Victim woman. But she unable to record statement. Then Police have recorded statement of her father that she was mentally retarded since she could not speak and deaf. He did not know anything about this and told him that he did not want to file a complaint. Victim Father has refused to give Complaint.

However, on September 22, when she was brought to the police station for further investigation, she ready to filed a complaint against an unknown person. Then her father became ready to file Complaint.

The complainant and Victim’s Father said that some unknown person took advantage of her inability to speak and being mentally retarded, five to six months ago, while her daughter was living at house, and took advantage of this situation and raped and sexually assaulted her, even though he knew that she was not capable of giving consent to physical intercourse. A case has been registered.

It was difficult for psi Ashwini Koli Patil to solve this case. However, Counselor Lila Patade and Councilor Madhura Kodlekar – Counselor from Vidhayak Bharti – Child Rights Organizations helped in recording the girl’s statement using drawing and finger doll therapy for 5 days and 4-5 hours.

During this counseling, the person who was repeatedly named by the victim girl was arrested and a minor boy was detained. While the persons who were repeatedly named in the investigation were shown as suspects and their blood samples were taken for DNA.

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