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  • Category: Miscellaneous

    Hijab is not essential, the Court says so.

    Hon'ble Karnataka High Court has ruled that wearing a hijab does not form a part of the essential practice of Islam. The three-judge Bench led by the Chief Justice of the High Court has issued the order just now.

    The Bench has also ruled that the restriction on the wearing of uniforms is a reasonable restriction and that the students cannot object to the same. All the petitions regarding this have also been dismissed by the Hon'ble High Court.

    Your opinion, please!
  • #753834
    So? Why be concerned? Let us wear what we feel like. The observation by the court is just that nothing should be forced. If I want to wear a Hijab or to put Chandan on me to prove that I am a Hindu or to wear a sacred thread or to exhibit a cross on my chain, who can say no? Let us be free as individuals and not be dictated.
    "In three words I can sum up everything I've learned about life: it goes on." -Robert Frost

  • #753835
    "The observation by the court is just that nothing should be forced. If I want to wear a Hijab or to put Chandan on me to prove that I am a Hindu or to wear a sacred thread or to exhibit a cross on my chain, who can say no?"--------

    The Hon'ble High Court has stated that the restriction on wearing of uniform is a reasonable restriction that the students cannot object to. Hijab is not essential in religion.

    No spin please.

    “Khamosh rahoon toh mushkil hain, keh doon toh shikayat hoti hain" (It is difficult to remain silent; But if I speak, they complain.) --------- Saba Afghani

  • #753842
    This is certainly a mind boggling decision and the Karnataka court has to be appreciated for clearing all the doubts and even dismissing all the petitions in this regard. Now there would be hue and cry from the select band that even judiciary has been saffronised and they are towing the idea of Hindutva and so on. But here what the court said is to respect the equality of wearing uniform and there cannot be selective dress. Certainly the aggrieved lots will not keep quite and they would approach the Supreme court to prove that the high court of Karnataka gave wrong decision. Nevertheless the courts have become more vibrant and not succumbing to any pressure and thus had the guts to say the truth and by this way the common man also gets more trust and faith in the courts as nothing would go wrong in front of learned judges.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #753850
    The court has given its verdict and we should not say it is right or wrong. We have to obey the court orders. If the petitioners want to go to the higher court, it is their right and they can do so. When we are in an institution we have to follow the rules and regulations of the institution. When the school wants us to wear a uniform we have to wear it. I think we have a lot of freedom and we will make everything a point and always we want to prove that we are right. This is the attitude that is spoiling the country.
    If everybody starts questioning the management of a school or an organisation how can they run the school or the organisation? By creating such unnecessary controversies many people are spoiling the institutions and in this process, genuine students are suffering. Nobody is big before the law. The judiciary will do its duty properly. That is the best point in our democracy.

    drrao
    always confident

  • #753871
    I also agree with the court's decision. Why do we refuse to follow the dress code of school or college? Are we superior to the college or school itself? Rules are for everyone. Why should a particular person get different rights over others?
    Dr. Paresh B. Gujarati.
    Mechanical Engineer.
    'I'mprovement always begins with 'I'.

  • #753934
    If we go back in the historical happenings regarding observing ones religion in the public place, strictly speaking it is not allowed and has no legal sanction. But the problem is that some communities follow certain things and then sometimes they start feeling it as their right even if it is against the common rules and regulations. So as a good citizen of this country we all must ponder over our religious beliefs and keep them separate from the common places like educational institutes, offices, workplace etc. If there is some customary dress code in a religion then that has to be adhered wholeheartedly and not to create an issue whenever some people want to highlight it. We also have some responsibility in this regard and should not take advantage out of it.
    Knowledge is power.

  • #753959
    The problem with us is we are not sure of what we are doing, the government is also not sure what is to be done and all go to court for a solution. I don't think this is the correct way to address things. I am unable to understand who actually decides what is essentially a religious practice or not. Is there any other organization that decides or is it because of the confusion we want redressal from court? For example, if something inappropriate happens in our workplace, should we go to court every now and then or the management has to properly address it? If the authorities are unable to address issues and every now and then moves to court then we need to find out what is wrong in the system. Not only the Hijab issue, filing a petition in the court has become a fascination nowadays which may not be beneficial for democracy in the long run. It clearly indicates the rules and regulations are not clear to all.
    Sankalan

    "Life is easier when you enjoy what you do"

  • #753970
    What Sankalan said is exactly the same thing that we were discussing at home. Why is it that every issue needs to be dealt with by a Court of law? I wonder whether any college has that strict a college administrative committee that has issued such rigid rules that something like a hijab cannot be worn in the classroom. Have they also banned, let's say as an example, that a married student should not cover her head with a dupatta the way she would put the pallu if a saree was permitted to be worn? What is wrong with modifying the rules for the 'uniform' so that Muslim girls who are not comfortable with not wearing the hijab are allowed to do so? It is not that they are not wearing the uniform at all. They are very much doing so, isn't it? Will the Sikh turban now be banned as well in the classroom?
    When you make a commitment, you create hope. When you keep a commitment you create trust! ~ John C. Maxwell

  • #753972
    There are many points of order which can be raised here. But, as I am enjoying, I will write only those issues which are relevant to this particular case.

    1. Who has gone to the Court in this case? Some students who opposed Karnataka Government and School Management order.
    2. Now, there is a tendency against the Governments of a pparticular party. Every decision taken by that party's Government is challenged in the Court with a comment "We have full faith on judiciary."
    3. When the Court turns down the Government order, the Government is abused left and right.
    4. When the Court upholds Government order, these professional agitationists cry that that particular issue is not in the purview of judiciary.
    5 In this particular hijab case, exactly this happened. Those who challenged the order in Court thought that the Court would cancel the order. Now, as the Court upholds the order, they cry foul.

    People do understand!!!

    “Khamosh rahoon toh mushkil hain, keh doon toh shikayat hoti hain" (It is difficult to remain silent; But if I speak, they complain.) --------- Saba Afghani

  • #753973
    Partha,

    You are not getting the point that Sankalan and I put across- the students had to approach the Court because the management of the school/college is rigid. What was the need for the college to stop the girls from wearing the hijab in the classroom?

    When you make a commitment, you create hope. When you keep a commitment you create trust! ~ John C. Maxwell

  • #753974
    1. "Will the Sikh turban now be banned as well in the classroom?"--------------It is very clearly stated what the Khalsa Sikhs have to follow (Guru Gobind Singh-Anandpur Sahib). These five "K"s are well-known. These are essential practices of Sikhism.

    2. The petitioners and their lawyers following Islam argued before the Karnataka HC bench comprising of Ritu Raj Awasthi , CJ , Krishna S Dixit, J and Khazi Jaibunnisa Mohiuddin, J for five days. They could not quote even a single Ayaat from the Holi Book to prove that hijab is essential in Islam.

    3. Please also note that the judgement of Karnataka HC is unanimous. Not a single dissenting voice.

    4. Naturally, the professional agitationists are now saying that this issue is not in the purview of the Court. Then why did they go to the Court earlier?

    “Khamosh rahoon toh mushkil hain, keh doon toh shikayat hoti hain" (It is difficult to remain silent; But if I speak, they complain.) --------- Saba Afghani

  • #753975
    #753973: Will reply later.
    “Khamosh rahoon toh mushkil hain, keh doon toh shikayat hoti hain" (It is difficult to remain silent; But if I speak, they complain.) --------- Saba Afghani

  • #753976
    If the school authorities have put a dress code, this needs to be followed religiously. Giving freedom to wear anything as per likings would spoil the uniformity of the dress code. Let the school management decide the dress code of the schools and that needs to be followed up the by the student community.
    The school authorities is rather rigid not allowing hijab to be worn by the girl students indicating that there should not be any deviation in terms of dress culture as decided by them.

  • #754076
    1. "You are not getting the point that Sankalan and I put across- the students had to approach the Court because the management of the school/college is rigid. What was the need for the college to stop the girls from wearing the hijab in the classroom?"----------- I am trying to understand. The girls who started the agitation at a college in Udupi, never used to wear hijab. Suddenly, when the school management issued the order, they started wearing hijab and creating problem under the influence of PFI.

    2. "What is wrong with modifying the rules for the 'uniform' so that Muslim girls who are not comfortable with not wearing the hijab are allowed to do so?"----------A simple question in this context. Do the Muslim girls wear hijab in Christian organization-run schools? They follow the dress code there, but not in these schools. All such nonsense won't be tolerated from now on. The attitude of the Government is different. The tendency of breaking rule at every step and seeking exceptions for themselves won't work in future.

    3.. When Jawaharlal Nehru changed the Hindu Marriage Act in early 50s and stopped multiple marriage of Hindu males, did the Hindu religious leaders permit him to do so? Did anyone check whether this was the essential condition of Hinduism? Then, why do we raise so many questions when simple direction is issued in schools and colleges?

    4. What about Sabarimala? Why did the Court and the Kerala Government trampled the religious custom of Hindus? Wasn't there a movement viz. #ReadyToWait by the Hindu women of Kerala?

    5. So far as turban is concerned, it must be clearly stated that this is essential custom of Sikhism. Guru Gobind Singh commanded this for Khalsa Sikhs in 1699.

    6. The petitioners and their lawyers following Islam argued before the Karnataka HC bench comprising of Ritu Raj Awasthi , CJ , Krishna S Dixit, J and Khazi Jaibunnisa Mohiuddin, J for five days. They could not quote even a single Ayaat from their Holi Book to prove that hijab is essential in their religion. Hence, this unanimous High Court order.

    All must note: Double standard will no longer work in India. The patience of Hindus is wearing thin.

    Sorry for this late response.

    “Khamosh rahoon toh mushkil hain, keh doon toh shikayat hoti hain" (It is difficult to remain silent; But if I speak, they complain.) --------- Saba Afghani


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