Challenging the High Court order, the advocate of the petitioner urged the apex court to hear the case today itself as exams start today…reports Asian Lite News
The Supreme Court on Thursday said it will hear an appeal on August 9 against the Bombay High Court order upholding the ban by a Chembur college on students wearing burqa, hijab, niqab, stole or cap on the campus.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that the hearing will be conducted on Friday after the matter was mentioned by the petitioner’s lawyer for early hearing.
Challenging the High Court order, the advocate of the petitioner urged the apex court to hear the case today itself as exams start today.
“Are you being stopped from appearing in the exam?” asked the bench. To this, the counsel said, “If students do not adhere to the uniform… please hear it today.”
“It is coming up tomorrow,” said the bench.
In June, the Bombay High Court dismissed the plea filed by a group of female students challenging the ban imposed by a college in Mumbai on wearing hijab, niqab, burkha, stole, caps or any kind of badge in the classroom.
It had said that it was not inclined to interfere in the decision of the college administration.
The students were from Chembur Trombay Education Society’s NG Acharya and DK Marathe College.
The second and third years of B.Sc and B.Sc (Computer Science) programmes claimed that the new dress code violates their fundamental rights to privacy, dignity, and religious freedom. The college had told the High Court that the ban applies to all religious symbols and is not targeted at Muslims.
The High Court in its order had stated, “We are satisfied that the instructions issued by the College under which a dress code has been prescribed for its students do not suffer from any infirmity to violate provisions of Article 19(1)(a) and Article 25 of the Constitution of India.
The objective behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest. (ANI)
A hardline Iranian MP has issued an ultimatum to the judiciary to come up with measures to put a stop to women flouting the rules on headscarves within the next 48 hours
Authorities in Iran have been making clear their determination to enforce compulsory hijab on women, according to a media report.
This comes after months of protests demanding an end to the restriction, BBC reported.
A hardline Iranian MP has issued an ultimatum to the judiciary to come up with measures to put a stop to women flouting the rules on headscarves within the next 48 hours, the report said.
The mass protests that erupted across Iran in September last year have largely been quelled for now by brute force.
But some women continue to defy the rules on wearing a mandatory headscarf in public. Videos and pictures posted online show the upswell of frustration and anger with the restrictions is still a potent force in Iranian society.
A video posted this week shows a man throwing a tub of yogurt in the face of an unveiled woman. His action was met with outrage by male and female bystanders, BBC reported.
Protests swept across the Islamic Republic following the death in September of Mahsa Amini, a 22-year-old woman detained by morality police in Tehran for allegedly wearing her hijab “improperly”.
The mass protests that erupted across Iran in September last year have largely been quelled for now by brute force. (Photo: Twitter)
The interior ministry announced this week that there would be no retreat or tolerance on the issue. The statement said that the hijab remained an essential element of Islamic law and as such would remain one of the key principles of the Islamic Republic of Iran, BBC reported.
The unyielding rhetoric echoed that of the head of the judiciary, Gholamhossein Mohseni-Ejei, who had recently said that women who do not wear the head covering would be prosecuted without mercy.
Now, a hardline MP has said that legislative measures must be taken to enforce what he called the “divine decree” of the hijab, BBC reported.
Hossein Ali Haji Deligani said that if the judiciary does not not provide such action within the next 48 hours, MPs would put in motion a bill to fill the legal vacuum.
He said it would be in line with a report by the parliamentary cultural commission on “chastity and the hijab”, BBC reported.
The circular warned of strict action would be taken against the head of the institution if they fail to implement the directions issued by the authorities…reports Sanjeev Sharma
Hijab has been made mandatory for women students and teachers at co-education academic institutions of Pakistan Occupied Kashmir (PoK), as per reports.
A notification to this effect was issued on the instructions of PoK Prime Minister Sardar Tanveer Ilyas.
It will be mandatory for women students and teachers to wear hijab in co-educational institutions, as per the notification, Samaa TV reported.
According to the notification, action will be taken against the head of the institution over violation of the orders, Samaa TV reported.
Strict action would be taken against the head of the institution if they fail to implement the directions issued by the authorities, warned the circular, Geo News reported.
However, it is not clarified in the circular what action would be taken against those female students and teachers who do not wear hijab.
While giving the reason behind the circular, the education department’s officers said that it is observed that heads of the institutions are not implementing the dress code issued by the authorities earlier, Geo News reported.
The education officers, however, could not provide the details about the dress code issued earlier.
The officers termed the circular “inner matter” of the office, adding that it is issued to ensure discipline in educational institutions.
Education Minister Dewan Ali Khan Chughtai claimed that the notification is issued in line with “Our religion and moral values of our society”, Geo News reported.
The petitioners had moved the apex court, challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state…reports Asian Lite News
Supreme Court judge Justice Sudhanshu Dhulia, in the split verdict on Karnataka hijab ban, on Thursday said by asking girls to take off their hijab before they enter school gates is an invasion of privacy, attack on dignity, and denial of secular education.
He said this is the time when children should learn not to be alarmed by our diversity but to rejoice and celebrate this, and also this is the time when they must realise that diversity is our strength.
Justice Dhulia said: “By asking the girls to take off their hijab before they enter the school gates, is first an invasion of their privacy, then it is an attack on their dignity, and then ultimately it is a denial to them of secular education. These are clearly violative of Article 19(1)(a), Article 21 and Article 25(1) of the Constitution”.
The judgment was delivered by a bench comprising Justices Hemant Gupta and Dhulia. While Justice Gupta dismissed the appeals challenging the Karnataka High Court judgment, Justice Dhulia set aside the high court judgment and quashed the Karnataka government order dated February 5.
The petitioners had moved the apex court, challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state.
Justice Dhulia said there shall be no restriction on the wearing of hijab anywhere in schools and colleges in Karnataka. He added that the unfortunate fallout of the hijab restriction would be that they would have denied education to a girl child.
“A girl child for whom it is still not easy to reach her school gate. This case here, therefore, has also to be seen in the perspective of the challenges already faced by a girl child in reaching her school. The question this court would put before itself is also whether we are making the life of a girl child any better by denying her education merely because she wears a hijab!” he said.
He added that the constitutional scheme, wearing a hijab should be simply a matter of choice and it may or may not be a matter of essential religious practice, but it still is, a matter of conscience, belief, and expression.
Justice Dhulia said if a girl wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education.
In a 73-page judgment, he said, “fraternity, which is our constitutional value, would therefore require us to be tolerant, and as some of the counsel would argue to be, reasonably accommodating, towards the belief and religious practices of others. We should remember the appeal made by Justice O. Chinnappa Reddy in Bijoe Emmanuel — our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practices tolerance; let us not dilute it.”
He emphasised that the Government Order dated 5 February, 2022, and the restrictions on the wearing of hijab, also goes against constitutional values of fraternity and human dignity.
Justice Dhulia said: “Liberty, equality, fraternity, the triptych of the French Revolution is also a part of our Preamble. It is true that whereas liberty and equality are well established, properly understood, and recognised concepts in politics and law, fraternity for some reasons has largely remained incognito. The framers of our Constitution though had a different vision. Fraternity had a different, and in many ways a much larger meaning with the main architect of our Constitution, Dr Ambedkar”.
He added that schools, in particular our pre-university colleges are the perfect institutions where children, who are now at an impressionable age, and are just waking up to the rich diversity of this nation, need to be counselled and guided, so that they imbibe our constitutional values of tolerance and accommodation, towards those who may speak a different language, eat different food, or even wear different clothes or apparel!
“This is the time to foster in them sensitivity, empathy and understanding towards different religions, languages and cultures. This is the time when they should learn not to be alarmed by our diversity but to rejoice and celebrate this diversity. This is the time when they must realise that in diversity is our strength,” he said.
Senior advocate Sanjay Hegde mentioned the matter before the Supreme Court and said there is urgency as there are exams coming, reports Asian Lite News
The Supreme Court on Wednesday refused to hear the appeals against the Karnataka high court ruling that hijab is not an essential religious practice of Islam and said the matter will be listed after the Holi vacations. Senior advocate Sanjay Hegde mentioned the matter before the Apex Court and said there is urgency as there are exams coming. Several girls will be affected by the high court’s order, advocate Hegde said, as reported by LiveLaw
“Others also mentioned. Let us see. We will see,” Chief Justice NV Ramana said. After advocate Hegde brought up the exam issue, CJI said, “Sorry, give us time. We will see. We will post matter.”
On Tuesday, after the Karnataka high court ruled that hijab is not essential in the religious practices of Islam and thereby upheld the government’s order barring all religious clothing in educational institutes. The court noted that school uniform is a reasonable restriction and the Karnataka government’s order is not violative of the rights.
Indian Muslim students wearing burqa protest against the Karnataka High Courts verdict on Hijab by boycotting their internal exams in front of IDSG Government College, in Chikmagalur at Karnataka India. (Credits: Pallav Paliwal) #HijabBan#HijabControversy#HijabControversypic.twitter.com/jUBAgIKiEs
Challenging the high court order, Niba Naaz, a Muslim student, filed a special leave petition arguing that the Karnatak Education Act does not mandate uniforms in colleges and does not confer any power to the government to issue the February 5 order. “The High Court has failed to note that the right to wear a hijab is protected as a part of the right to conscience under Article 25 of the Constitution. Since the right to conscience is essentially an individual right, the Essential Religious Practices Test ought not to have been applied by the Hon’ble High Court in this case,” the petition said.
Schools and colleges reopened in Udupi on Wednesday, after the high court verdict, amid Section 144.
When contacted, college proctor Anil Varshney said, “The dress code is clearly mentioned in the prospectus…reports Asian Lite News
A prominent college in Aligarh issued a notice ‘banning’ entry of students in the campus without “prescribed uniforms” and refused entry to Muslim girls who were wearing hijab.
The Shree Varshney College, on Saturday, directed students not to cover their faces while attending class. Several students returned home after they were denied entry.
The students said that the staff refused to let them in.
A student, studying in B.Sc final year, said that the college authorities had first asked her to remove the burqa which she was wearing while entering the campus and later they asked her to remove the hijab, too.
“I fail to understand why they have a problem with our hijab. I am not prepared to go anywhere without a hijab and the college is not allowing us to enter the campus anymore,” she said.
The administrative officer of the college, Beena Upadhyaya, said that this notice is a ‘reminder’ to students that there is a “dress code” in the college and the same has to be adhered to.
When contacted, college proctor Anil Varshney said, “The dress code is clearly mentioned in the prospectus.
“We only want students to follow the rules and regulations of the college. We are following directions. The students have just been told that dress codes will be implemented with more seriousness now,” he added.
The Iranian government, however, is yet to officially disclose the reason behind Baharvand’s removal…reports Asian Lite News
Iran’s ambassador to the UK, Mohsen Baharvand, has been reportedly dismissed after a video circulated showing an embassy event at which some women did not have their heads covered.
Iranian Labour News Agency (ILNA), a daily that belongs to a labour union controlled by the Iranian government, reported about Baharvand’s return to Tehran last week.
The ceremony in London was held in early February to commemorate Iran’s 1979 Revolution. News of the ambassador’s dismissal came two weeks after.
Kayhan, an Iranian newspaper whose editor-in-chief was appointed by Supreme Leader Ali Khamenei, had also reported on 26 February that the ambassador has been dismissed from his post over a “norm-breaking” ceremony held at the embassy.
ILNA also reportedly quoted foreign ministry spokesman Saeed Khatibzadeh as saying that Baharvand was “on the change list along with 37 other ambassadors”.
The Iranian government, however, is yet to officially disclose the reason behind Baharvand’s removal.
Baharvand was posted as ambassador to the UK in July 2021. He had previously served as the deputy head of the legal department in Iran, under former foreign minister Mohammad Javad Zarif.
His dismissal comes at a time when Iran is negotiating whether to revive the Joint Comprehensive Plan of Action, generally known as the Iran nuclear deal, at Washington’s behest. If revived, the deal would see the lifting of many sanctions on Iran.
In the viral video, a woman musician can be seen playing the piano for guests without wearing a hijab. However, other women who attended the event can be seen with their heads covered.
Iranian officials often attend events outside the country where the hijab is not worn.
In Iran, however, wearing a headscarf and covering all parts of the body was made mandatory for women after the 1979 Iranian Revolution.
Iran’s morality police, known as Gasht-e Ershad or ‘Guidance Patrol’, have powers to chastise and even arrest people for failing to meet what might be called the modesty test. This includes women who leave part of their heads uncovered while out in public.
Naidualso pointed out that people should feel proud of the languages they speak and promote them. Stressing on extra-curricular activities in the schools, he said the new National Education Policy insists on this aspect…reports Asian Lite News
Amid the raging Hijab controversy in Karnataka, Vice President Venkaiah Naidu on Saturday said unnecessary controversies should not be encouraged and students should be guided by the school uniform. “Unnecessary controversies should not be encouraged like the controversy going on in Karnataka.
In a school, you are all guided by the school uniform, whatever uniform it is,” Naidu said after inaugurating the indoor sports arena and L’atelier at a private school in Bengaluru.
Underlining the need to realise the beauty of diverse Indian culture, the Vice President said, “Vividhata mein Ekta, Bharat Ki Visheshta (Unity in Diversity, that’s India’s specialty).
Alag Bhasha, Alag Vesh – Phir Bhi Apna Ek Desh (Different languages, different constumes — Yet we are one nation). He also said that people should remember that they are Indians first. “Irrespective of caste, creed, sex, religion and region, we all are one. We are Indians first.
This should be remembered by one and all. There should not be any discrimination,” the vice president pointed out.
Naidu also pointed out that people should feel proud of the languages they speak and promote them. Stressing on extra-curricular activities in the schools, he said the new National Education Policy insists on this aspect.
He also urged all the state governments and educational institutions to give priority to sports, extra-curricular activities and also, developing spiritual minds among children. “Spirituality does not mean religion. Religion is your personal choice but our culture, our heritage, our Dharma (duty), we should all follow in our lives,” the Vice President told the audience. According to Naidu, the erosion of values has been causing havoc in the world for humanity.
“We must restore values, preserve our heritage, promote our culture and feel proud to be an Indian. Be proud that you are a Bharatiya,” the Vice President said. Stating that once upon a time, India was known as a ‘Vishwa Guru,’ Naidu pointed out that prolonged colonial rule has made us forget our glorious past.
“India is on the move today and it is time to go back to our roots,” he added. In his inimitable style, Naidu told the gathering that discipline, dynamism, education, dedication, devotion were need of the hour in India. “Education is a mission, not for commission. There should not be any omission. We should not give any remission and work for the promotion of the nation with a passion. This is what is required,” he said.
The Vice President also urged educational institutions to give equal importance to studies, sports, co-curricular and recreational activities.
He said such an approach will lead to the all-round growth of students and make them confident individuals.
He also wanted the educational institutions to involve students in activities such as gardening, tree plantation and water conservation.
This will bring children closer to nature, he said and further highlighted the need for water conservation by stressing on 3Rs- Reduce, Reuse and Recycle.
Tension also prevailed in Belagavi, Yadgir, Bellary, Chitradurgam and Shiamogga districts when students wearing hijab demanded entry into the classrooms…reports Asian Lite News
At least 58 female students from a college in Karnataka’s Shivamogga district were suspended on Saturday for wearing hijab and also staging an agitation demanding that they should be allowed to attend classes.
The students were from Government Pre-University College of Shiralakoppa.
Although the college management, development committee tried to explain to the hijab-clad students the interim order of the High Court, they did not listen and pressed for wearing of hijab, according to the principal.
Mannequins display a hijab or an Islamic headscarf, at a clothing store in old Delhi at Meena Bazar Near Jama Masjid New Delhi on February 19, 2022. (Pictures by Pallav Paliwal)
Hence, they were suspended from the college temporarily.
The enraged students got into arguments with college authorities, leading to an intervention by the police to disperse them.
Tension also prevailed in Belagavi, Yadgir, Bellary, Chitradurgam and Shiamogga districts when students wearing hijab demanded entry into the classrooms.
While the administration of Vijay Para-Medical College in Belagavi has declared a holiday for an indefinite period due to the protests, students of the SJVP College in Harihara boycotted classes after being denied entry to classrooms for wearing hijab.
Hijab-clad students also gathered in the playground of the Ballary Saraladevi College after they were turned out from classes. They refused to speak to the police and in turn asked not to be disturbed.
In Kodagu, hijab-clad students staged a protest holding placards before the gate of the college.
In a statement, state Home Minister Araga Jnanendra said: “The hijab row is not in all colleges. Very few colleges are facing the agitations and they are being warned. Section 144 has been clamped in the surrounding areas of the colleges.”
Those who have violated it have been arrested and FIR has been lodged against many, he added.
The Minister further said there were communal forces behind the row who have been warned and cases were lodged against them.
If someone says constitution and court can be ignored, they will not be spared, he stated.
He stated that on Friday, minority community legislators submitted a memorandum to him regarding hijab row. “I have told them that school should have uniformity. I have asked them that jointly we should overcome this situation.”
Muslims looks at hijab or an Islamic headscarf displayed at a clothing store in old Delhi at Meena Bazar Near Jama Masjid New Delhi on February 19, 2022 (Pallav Paliwal)
Meanwhile, Chief Minister Basavaraj Bommai said that he would get all the details regarding hijab row.
Education Minister B.C. Nagesh has said that Muslim community leaders are with the interim order issued by the court. “We will continue to explain to people about the interim order regarding hijab row and most of them are following the order. There is propaganda which is trying to put religion over education,” he said.
Petitioner asks court why the government was only on hijab while other religious symbols used by Hindus and Sikhs were allowed in educational institutions, reports Asian Lite News
Why is only hijab not allowed inside classrooms, why not a crucifix, why not turban, why not bindi, submitted senior advocate Prof Ravivarma Kumar on Wednesday to the three-judge bench of the Karnataka High Court constituted to look into the petitions filed on hijab row.
He said, no other religious symbol is considered in the Government Order, why only hijab? Discrimination against Muslim girls is purely based on their religion, he said.
He further said that there are hundreds of religious symbols and why is the government picking on hijab only? Hindus and Sikhs have their own religious symbols, then why only pick these poor Muslim girls? Is it not because of their religion, senior counsel Kumar argued before the bench.
“We (Muslim girls) are punished right away, can they be called teachers for shutting us out of class and made to stand on the road? It is full of prejudice,” he said.
“The goal of education is plurality, not to promote uniforms. The classroom should be a reflection of the diversity of the nation, the point which is recognized by the Supreme Court. Maintaining heterogeneity and unity in diversity and plurality of the society is the motto of education. The validity of the Right to Education Act has come under challenge,” he submitted.
“If people sporting turban can be in the Army, what prevents these girls wearing hijab from attending classes? Students wearing dupatta, bangle, bindi, crucifix under the neck and as pendants, are not being sent out of classes, why only these girls? This is a matter which comes under Article 15 which talks about discrimination on the ground of religion,” he submitted, adding that even police force was used against Muslim students.
“The School Development and Management Committee (SDMC) is not recognized under the Education Act. As per the guidelines of the department, prescription of uniform is illegal. The guideline also makes an emphatic statement that the school/college Principal would be proceeded against if he insists on uniform. But, here, they are against wearing hijab,” he said.
Pre-University College education is the backbone of student’s life. SDMC is formed mainly to utilize the funds, maintaining academic standards and creation of infrastructure. Such a body is entrusted with the police power to discipline students. The College Development Committee has no power to prescribe uniforms. MLA is being made the chairman of CDC. The order says the committee is subordinate to the government. Can MLA be subordinate to the government? Basic quality of democracy is accountability. It is not stated that to whom MLA is accountable? MLA or MP could not be entrusted power under the Act, he explained.
He underlined that MLA belonging to any party will be a representative of a political party and political ideology. “Can we entrust responsibility of students welfare to a party representative or the representative of an ideology? With all humility I submit that the constitution of the committee is a death blow to Indian democracy. Order delegating powers to them should be ignored,” he submitted to the bench.
Muslim women shout slogans during a protest against banning Muslim girls wearing hijab from attending classes at some schools in Karnataka, in Kolkata, on Thursday, Feb. 10, 2022.(Photo: Kuntal Chakrabarty/IANS)
Intervening the counsel, Justice Krishna S. Dixith said that the bench would not allow such a thing to happen in this case. Chief Justice Ritu Raj Awasthi questioned whether maintaining uniform is not maintaining academic standards?
Kumar submitted in his concluding remarks that Muslim girls are least educated, least number of girls are coming to classes. If they are sent back, it is going to spell doom for them. Senior advocate Yusuf Muchchala who appeared from Mumbai for petitioners submitted that the girls think wearing hijab as their right and it has to be respected by the government.
The bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice Khaji Jaibunnesa Mohiyuddin adjourned the hearing till Thursday.
Tense situation continues in Karnataka
Tense situation continued in and around Karnataka colleges on Thursday as the pre-university students wearing hijab demanded to be let inside classrooms. The hijab-clad students were sent back and many protested the decision of college authorities.
Six persons, who came in support of the hijab wearing students near the Vijay Para-Medical College, were taken into custody in Belagavi. The individuals who gathered in front of the college raised ‘Allah hu Akbar’ slogans and demanded that hijab wearing students must be allowed inside the classrooms. They were taken into custody after they indulged in heated arguments with the police.
State Home Minister Araga Jnanendra met Chief Minister Basavaraj Bommai at his residence and discussed the situation in the state. Meanwhile, Muskaan Khan, the student who made international news by raising ‘Allah hu Akbar’ slogans against saffron wearing protesting students, remained absent from PES College in Mandya.
Deputy Commissioner Rakesh Kumar of Ramnagar district issued prohibitory orders and cancelled physical classes in the district. The First Grade PUC college administration has been asked to take online classes till February 19. More than 20 students of Government Women’s PU College in Vijayapura wearing hijab refused to take up exams. The local police clamped prohibitory orders on 200 meters radius of the college and tight security has been arranged.
Prohibitory orders have also been clamped in Hubballi till February 28 to not allow any protests. Meanwhile, a one-day holiday has been announced for Hubballi Arts and Commerce College to avoid any untoward incidents due to the hijab row.
Tension prevailed at Shivamogga DVS College when more than 20 hijab wearing students tried to get inside the college. Police and college authorities sent them back. AAPUC Chemistry Practical exams scheduled to be held on Thursday were postponed in Udupi MGM College.
Students at Sarala Devi College in Bellary questioned how can Hindu students be allowed inside the campus while wearing bindi, bangles and they also be sent out. The students got into an argument with the police for preventing them from entering the premises of the college.
Students wearing hijab were sent back from Belagavi RLS College, Koppal colles, Ballary Veerashaiva Mahila colleges.
