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Wearing hijab not essential religious practice, K’taka AG to HC

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Wearing hijab is not an essential religious practice in Islam and it can’t come under the Constitution’s Article 25 (Freedom of conscience and free profession, practice and propagation of religion), Advocate General Prabhuling Navadagi argued in the Karnataka High Court on Monday.

He said that petitioner students have approached the court not just seeking the permission to wear headscarves, but want to wear hijabs to attend classes as part of their religious right.

Contending that the petitioners can’t press for right to wear a hijab under Article 25, he said that the provision doesn’t state it as a fundamental right.

“It is impossible to define religion. Article 25 does not protects the practice of the religion but, which is essential religious practice, so they narrowed it to essential religious practices. In Sabarimala case also, they used the word ‘essential’,” he said.

The core religious practices, those things without which any religion is no religion, shall be considered as religious practices which could be considered under the right to religion, he said.

The practice which is prevented and feared to cause fundamental change in the character of religion is essential practice, he said, adding that essential practice is what causes a religion to vanish if the practice is not allowed.

Food and dress shouldn’t be considered as essential part, Navadagi said, and went on to quote Dr. B.R. Ambedkar’s statement of not allowing religion into the institutions and how it should be consciously kept out, which could be in the present context of religious symbols.

He also cited imposition of religion on others and noted when the Parliament discussed adoption of secularism, it was argued if is it necessary to have religious rights? The Parliament, at the time of throwing open of temples to all Hindus, stated that social reform must be brought to all religions.

The Advocate General maintained that the question of whether wearing of hijab is an essential religious practice must be settled and then other issues could be addressed. He reiterated that the petitioners simply would not come to the court with a request to permit them to wear headscarves, but seeking they be permitted to wear it as a religious practice.

At this, the bench questioned Navadagi as to what is the stand of the government on wearing of hijab, and if the government order is not specifying anything on hijab, what is the stand – can hijab can be permitted or not?

“If institutions are permitting students with hijab, will the government has any problem?” it asked.

The bench also asked the that the petitioners are seeking to wear same colour headscarf as the uniform, can be treated as part of the uniform? If they are wearing dupattas, can they wear it around their neck?

As he said that complete freedom is being given to the College Development Committees, and as a matter of principle, students are proposed to have secular outlook and can’t display religious symbols, the bench asked whether wearing of cloth around neck is religious?

He said that it is left to the discretion of the institutions, and they would find difficulties in matters of discipline.

Maharashtra

Mumbai: Dr. Sejal Pawar goes on leave due to controversial statements and comments, KEM Hospital takes strict action even before investigation

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Mumbai: Student Dr. Sejal at a comedy event Sejal has been sent on 15-day leave along with a departmental inquiry and further action will be taken only after its final report. Institutional action in the matter related to Dr. Sejal Pawar.

Seth GS Medical College and KEM Hospital have taken due cognizance of the public concern arising out of the remarks made by MBBS third year student Sejal Pawar during a comedy event and the subsequent circulation of the related video material on social media platforms.

Immediately after receiving the complaints, the institute initiated a preliminary fact-finding process. The concerned student was called, his explanation/apology was taken on record, and the relevant material was reviewed. In view of the preliminary findings, the sensitivity of the matter, and the need to maintain the dignity of deceased persons, body donors and the professional standards expected of medical students, an interim disciplinary/administrative order has been issued against Pawar today.

Accordingly, Pawar has been placed on compulsory leave for a period of 15 days, with effect from May 13, pending detailed inquiry and further orders. At 10:30 am today, he was entrusted with the care and supervision of his parents/guardians during the said period. He has also been directed to cooperate fully with the institutional inquiry and to be available in person or through online mode whenever called by the inquiry committee.

A proposal has also been made to constitute a comprehensive five-member inquiry committee comprising senior faculty, one external/non-faculty member and appropriate institutional representation. The committee is expected to examine the facts, context, implications and relevant records including the aspect of social media circulation and make its reasoned recommendations for further action. The Institute reiterates that respect for patients, deceased, body donors and their families is a core value of medical education. The matter will be dealt with seriousness, sensitivity and due process with fairness. Further action will be taken as per applicable NMC MUHS, BMC and institutional norms after receipt of detailed inquiry report.

No final conclusion should be drawn at this stage, as a comprehensive inquiry is currently underway.

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Maharashtra

KEM Hospital sends MBBS student Sejal Pawar on 15-day forced leave over viral video row

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Mumbai, June 13: KEM Hospital and Seth G.S. Medical College on Saturday sent MBBS student Sejal Pawar on a 15-day forced leave on Saturday following a controversy surrounding a viral social media video in which she allegedly made objectionable remarks during a stand-up comedy show.

According to hospital authorities, Pawar has been handed over to her family after the administration held discussions with her parents, who visited the institution following the controversy. Sources said her family is deeply distressed by the incident and has expressed concern over the situation. Pawar has also reportedly apologised to her family.

A preliminary inquiry conducted by the institution has confirmed that the person seen in the viral video is Pawar. The administration stated that her remarks were found to be prima facie inappropriate and unacceptable.

As a result, the institute has decided to place her on forced leave for a period of 15 days. During this period, Pawar will not be allowed to enter the KEM Hospital premises, the medical college campus, or the hostel. She will also be barred from participating in any academic or extracurricular activities.

The administration has also expressed concern that the controversy may adversely affect her mental well-being. In view of this, the hospital has advised her to undergo counselling to ensure that she does not suffer from depression or excessive mental stress arising from the incident and the subsequent public backlash.

The institute has also recommended the formation of a five-member committee to conduct a detailed investigation into the matter. The committee is expected to include a retired senior professor, a senior journalist, and three faculty members from the medical college.

The panel has been tasked with conducting a comprehensive inquiry into the controversy, including examining the viral video, the circumstances surrounding it, and its broader implications. It has been directed to submit its report within seven days.

The controversy erupted after Pawar allegedly made remarks comparing the sizes of male cadavers’ genitalia while interacting with members of the audience during a stand-up comedy show hosted by comedian Pranit More. The comments drew sharp criticism on social media and sparked widespread outrage online.

Meanwhile, Maharashtra Cyber has registered an FIR in connection with viral comedy videos featuring More, Himanshu Jangra, Pawar and others.

According to a press note issued by Maharashtra Cyber, the FIR has been registered at the Nodal Cyber Police Station under Sections 75(1)(iv), 75(3), 294 and 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 67 of the Information Technology Act, 2000.

The FIR names More, Jangra, Pawa,r and other individuals allegedly involved in the publication and dissemination of obscene and objectionable content through online platforms and social media. Maharashtra Cyber has also issued summons to the accused following the registration of the case.

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Maharashtra

Contractors fined for negligence and laxity in Mumbai drain cleaning, Mumbai Municipal Corporation administration takes strict action

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The Mumbai Municipal Corporation has taken a tough stand against the contractors for the shortcomings found through the artificial intelligence system in the drain cleaning work and for delay in the deployment of machinery as per the terms and conditions of the tender. In addition, a fine of Rs. 92,572,830 has been imposed on the concerned contractors. This fine amount is being recovered from the contractor’s bills.

The Sewerage Department has taken this action as per the directions of Municipal Commissioner Ashwini Bhide. Every year, before the onset of rains in Mumbai, the Sewerage Department of the Municipal Corporation removes silt from the sweet rivers and large drains in the Mumbai Metropolitan Region. While the work of removing silt from small drains is done at the ward level. Natural drains, rain drains, underground drains, chambers and bridges are opened and cleaned. Removing garbage from drains helps in faster drainage of rainwater. Keeping in mind the rainfall experience and intensity of rainfall in the Mumbai Metropolitan Region, the target for sludge removal is determined by studying the amount of sludge that needs to be removed from the drains. Like every year, this year too, the work of removing sludge from drains was started in a hurry in the first week of March. Municipal Commissioner Ashwini Bhide has directed the system to effectively monitor these drain cleaning works. To ensure that the sludge removal works are carried out properly and monitored, the municipal administration has developed an artificial intelligence (A.I.) system since last year. Through this system, the work of cleaning drains is being closely monitored. Accordingly, 30 seconds of filming (video) along with photography has been made mandatory for these works. While filming and videoing through CCTV has been made mandatory before and after the removal of sludge from small drains. The municipal administration is analyzing all the videos received regarding the removal of garbage with the help of an artificial intelligence system. This is helping the administration to accurately monitor the garbage removal works in the drains and maintain complete transparency in the works. Implementing the artificial intelligence system, the AI ​​system screens all the uploaded images and videos. It also detects errors in them. Criteria have been set to detect these errors and shortcomings. When the vehicle reaches the weighbridge for weighing, whether the tarpaulin is being removed or not (tarpaulin detection), reuse of the same image or inconsistency in the images (image ghosting), observation of the amount of dust flying from the vehicle during sludge disposal (dust inspection), availability of image (required availability), unavailability of image (manual inspection), non-uploading of videos of sludge unloading operations (unloading video not available) and discrepancies between registered vehicles or work codes and actual work details (vehicle/work code mismatch) have been detected according to these important aspects. In addition, various types of defects have been found in the drain cleaning work such as insufficient availability of necessary plants, machinery and vehicles, shortage of manpower, non-provision of safety equipment to workers performing drain cleaning work, non-processing of collected sludge in the prescribed manner and slowness in working within the prescribed time.

Due to AI-based inspection, verification of digital evidence and physical site inspection, errors in the work were detected in time and financial liability has been fixed on the concerned contractors. The amount of penalty has been fixed according to the error in the work and the penalty amount is being collected from the amount due from the contractors.

Additional Municipal Commissioner (Projects) Abhijeet Bangar said that the municipal administration is very insistent about quality and transparency in the drain cleaning work. Any mistake, whether deliberate or unintentional, in the drain cleaning work is unforgivable. The administration’s zero tolerance policy is maintained in this regard. On the one hand, great efforts have been made to improve the quality of the drain cleaning work and an attempt has been made to maintain the quality of the work done. However, by working through technology, punitive action has been taken by finding the mistakes left by the contractors and the purpose of this action is to send a message that overall negligence in the drain cleaning work will not be tolerated. If any lapse is found in future, the municipal corporation administration will take a strict stand. Abhijeet Bangar said that both AI-based monitoring and on-site inspection systems have effectively exposed the lapses in the work of cleaning drains. In particular, non-site inspection and non-uploading of videos were the main reasons for the punitive action.

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