DEBATABLE VERDICT
The Karnataka HC's stand on the hijab sends a wrong message to the minorities when they are facing many difficulties
THE Karnataka High Court's judgment on the hijab issue sends a wrong message to minorities at a time when they are already facing many difficulties. Several constitutional pundits, religious scholars and secular intellectuals believe that the ruling is deeply flawed, passed in violation of fundamental constitutional principles and secular values.
The judgment upholds the validity of the government order which allowed some educational institutions in the state to ban wearing of the hijab in the interest of public order and the unity and integrity of the country. The Court has applied the essential religious practices test to uphold the restrictions. But it has failed to maintain a balance between the fundamental rights of citizens and the collective interests of society.
For centuries, the hijab has been an integral part of Islam, and the High Court ruling disturbs the mental peace of minorities not only in Karnataka but across the country. A plural society is based on social diversity and the Court has failed to provide a reasonable accommodation to the minorities in this case. Now, the matter has reached the Supreme Court in appeal. The minorities are quite hopeful of getting justice from the apex court.
Wearing the hijab has a historical background. The practice of purdah was seen as a standard of status in ancient times. Women belonging to the elite class practised this custom in 19th century India. The practice of purdah was observed by many women in Hindu and Muslim communities in the country. This was not traditionally observed by lower class women.
Bu hikaye India Legal dergisinin March 28, 2022 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye India Legal dergisinin March 28, 2022 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
