The People’s Union for Civil Liberties which dealt with the impact of Karnataka HC’s verdict, senior advocate Huzefa Ahmadi for the Muslim students in the Karnataka hijab ban case on Wednesday told the bench of Justices Hemant Gupta and Sudhanshu Dhulia that the ban had resulted in thousands (17,000) of students abstaining from taking examinations. It is despite the Fundamental Rights over rule over the Fundamental duties.
The Supreme Court however refused to look into saying “We don’t want to say anything about reports. We didn’t accept. The issue of the dropout rate was never raised before the HC. You are arguing for the first time here.”
While neither High Court nor the Apeex Court bothered examine that a section of the children of the same mother (India land) Muslim girls, who were confined to madrasas earlier had broken stereotypes by joining secular education with the hijab but the government order (GO) which restrained students to wear the hijab, or customary Islamic headscarf to educational institutions took that away from them.
Taking exceptions to his submissions, the bench said, “There is no foundation of that in the writ petition read by Mr Mucchala that you are going to madrasas, which it’s not the case set up. The HC has not discussed it.”
Another organ of the State the Executive fails to comply the the constitution of India and issued an inconsistent GO making reference that it was to develop fraternity, but it is the antithesis of fraternity. It is necessary to review the very the objective of the Karnataka Education Act which promotes unity in diversity and that the circular was the objective of the Act. If somebody is getting proved by hijab, he should have a sense of brotherhood and fraternity.
It is on the face of the record that when there is clash between the rules, circular and orders the consistency of the mandate of the Act prevails and the other confusions are struck down.
The woes of the 17-year-old girl says in her petition and plaint that the GO targeted Muslim women without any sensitivity and that it was contrary to law and the Constitution. The Lower Court utterly failed to read the legal language in reference to the Constitutional provisions in letter and spirit.
Appex Court opinioned that this is not a yes-no issue. This is not an issue where you say we have a disciplinary code and you follow it. What are the obligations of the authority concerned to bring about a measure of inclusiveness and to apply the least restrictive approach.
The GO is against the hijab. It targets Muslims and Muslim women particularly. Violates article 14 & 15 and this Targeting without any sensitivity is contrary to law and the constitution,” Is Adharma takes over Dharma, and the judicial institution are taking call to address the Manusmrithi. ?
Muslims, the patrons of the nation are being pushed to wall by the traitors of the nation the RSS. It has become easy for the RSS for the reasons that the Muslim Society has been divided into many frivolous groups, and AIMIM Hyderabad MP Asaddudoin Owaisi is in hand in gloves with RSS, nether Muslim organizations nor the Muslim leadership is accountable to fellow Muslims and there is a lot of confusion by the common Muslims. Unfortunate.