Muslim girls wearing Hijab barred from classes at Indian college

[Joe Shearer]

Don't you think Court has no right to decide it for muslims if Hijab is a religious or not?

I get it that niqab/veil can be security risk however Hijab is not a threat by any means.

And again, i reiterate that there shouldn't be a preferential treatment for one section of the society. The rule should apply to all.


If that is the case, maybe start with shunning of the castes in actual instead of trying to hide behind this fake equality. Maybe tomorrow allow dalits to visit Brahman temples and see for yourself how that works out for you

The court does have the power to decide, in consultation with religious experts, if the hijab is an integral part of religious observance. It is extremely unlikely to agree, and is likely to rule that it is a social observance. The usual caution is advisable; until the verdict is out, it cannot be forecast, forecasting a court judgement is an extremely unwise thing to do. This outcome, for the reasons given, is a personal opinion.

I agree that the rule should apply to all, the unfortunate difficulty being that nobody else has such a visible social observance to be ruled against, except for the Sikh turban.

 

[SIPRA]

As usual, the filth of India who never follow any rules, suddenly decide that following made up rules is so important when it comes to Muslim girls.

Facts:
1. There is no UNIFORM for PU colleges in Karnataka.
2. Colleges that have "Uniform" rules is a violation of the Education Board edicts.
3. Dress code is permitted
4. PU College Dress code clearly shows Hijab is permitted. Refer to tweets posted earlier.

As usual, this filth of India has no problem with temples on college premises, teachers coming to school wearing tilaks and mangalsutras, or wearing bindis or teaching Ramayan or Mahabharata crap in classes.



Muslim girls wanting to get an education is now a crime in the minds of the filth of India

Real issue is the "Kangaroo" courts of India, incluluding the Supreme Court, which are filled with Hindutvadi scum.

 

[Joe Shearer]

I did, now you should read it too. The tweet states, now a 'third college' Bhandaskar pvt college. To hell with the third college. What about the first and the second and the rest, they didn't have the said rule, right? Why not follow rules there why create ruckus there ?

Even if it was the case for the Third College's, they are a private colleges and are free to frame rules for their pupil every five years.

In fact the lot of first 6 girls have signed on an undertaking that they will wear only prescribed uniform check the below link.

Hijab Row: How Karnataka hijab row unfolded, spread | Bengaluru News - Times of India

As the hijab controversy took a violent turn in Karnataka on Tuesday, the state government declared a three-day holiday for high schools and colleges

timesofindia.indiatimes.com

That is not correct; none of the colleges had any restrictions. Asserting your wrong point of view in an increasingly shrill voice is not likely to move anyone.

Second, they may set rules, but to punish people who have been following the older rules after revising those rules is clearly self-serving.

Are you seriously taking pride in the intimidation of a handful of young women? To what end, proving the matchless courage and superiority of the caste Hindu male? What drives this in BJP ruled states, and why is this kind of sordid behaviour, with hoodlums in saffron scarves that they never wear in real life? It is shameful that this behaviour gets support, support based on double-talk and a sudden avid interest in rule-preserving that never existed in the million and one cases of intimidation of Muslims that had occurred already so far.

 

[xeuss]

The court does have the power to decide, in consultation with religious experts, if the hijab is an integral part of religious observance. It is extremely unlikely to agree, and is likely to rule that it is a social observance. The usual caution is advisable; until the verdict is out, it cannot be forecast, forecasting a court judgement is an extremely unwise thing to do. This outcome, for the reasons given, is a personal opinion.

I agree that the rule should apply to all, the unfortunate difficulty being that nobody else has such a visible social observance to be ruled against, except for the Sikh turban.

@Joe Shearer and @Vapnope

Read these two excellent posts on the topic from Gautam Bhatia and Hari Ramesh

The Essential Religious Practices Test and the Inversion of Agency: Notes from the Hijab Hearing

The essential religious practices test [“ERP”] is one of the enduring burdens of Indian constitutional law. Its origins (as I have shown here) lie in a judicial misreading of one senten…

indconlawphil.wordpress.com

Guest Post: The Hijab Case through the Lens of Article 19(1)(a)

[This is a guest post by Hari Kartik Ramesh.] Controversy has raged in the corridors of educational institutions in Karnataka on the matter of uniforms. In the beginning of 2022, the Karnataka gove…

indconlawphil.wordpress.com

Let me also add - unlike the US - where personal belief in a religious practice makes it essential and protectable, India takes the opposite approach, where the onus is on the petitioner to prove that the religious practice is essential and examples of those not following the religion are held as examples of it non-essentiality.

 

[SIPRA]

That is not correct; none of the colleges had any restrictions. Asserting your wrong point of view in an increasingly shrill voice is not likely to move anyone.

Second, they may set rules, but to punish people who have been following the older rules after revising those rules is clearly self-serving.

Are you seriously taking pride in the intimidation of a handful of young women? To what end, proving the matchless courage and superiority of the caste Hindu male? What drives this in BJP ruled states, and why is this kind of sordid behaviour, with hoodlums in saffron scarves that they never wear in real life? It is shameful that this behaviour gets support, support based on double-talk and a sudden avid interest in rule-preserving that never existed in the million and one cases of intimidation of Muslims that had occurred already so far.

So, you real "auqaat" came out, by giving me a negative rating, when I spoke a truth about the "Kangaroo" courts of your filthy country.

---

 

[cocomo]

So, you real "auqaat" came out, by giving me a negative rating, when I spoke a truth about the "Kangaroo" courts of your filthy country.

---

Even their own top political commentators like Pratab Bahnu Mehta believe Indian courts are filled with RSS terrorists. Indian CJ Gogoi who ruled for building a temple over the site of demolished mosque turned out to be a sexual predator and supporter of Hindu terrorist group RSS. RSS has infiltrated every institution of Indian state. The only institution who was still neutral until recently was their Election commission, which according to Mehta is under attack by RSS.

 

[Joe Shearer]

Good one - see their focus on the word "allowed".

Our rights are nothing more than their magnanimity.

To quote a dear friend
शीशा किस तरह हुआ चूर तुम्हें क्या मालूम
तुम तो हो गम से बहुत दूर तुम्हें क्या मालूम
किस तरहा हंसते हैं मजबूर तुम्हें क्या मालूम

Sheesha kis tarah huwa chur tumhe kya maalum
Tum to ho gam se bahut dur tumha kya maalum
Kis tarah hanste hain majboor tumhe kya maalum

A Jat sardar had a blunter response, that did not bother with these niceties. In his pungent phrase,

As they say in Punjabi, 'phitey moonh sanghiyan da'.

So, you real "auqaat" came out, by giving me a negative rating, when I spoke a truth about the "Kangaroo" courts of your filthy country.

---

I should imagine that the boot is on the other foot; that you display a disgraceful partisan spirit towards an institution that is doing well in difficult circumstances.

 

[SIPRA]

Even their own top political commentators like Pratab Bahnu Mehta believe Indian courts are filled in RSS terrorists. Indian CJ Gogoi who ruled for building a temple over the site of demolished mosque turned out to be a sexual predator and supporter of Hindu terrorist group RSS. RSS has infiltrated every institution of Indian state. The only institution who was still neutral until recently was their Election commission, which according to Mehta is under attack by RSS.

Yes. That scoundrel Justice Gogoi. In fact superior judiciary of India are not "Kangaroo" courts, but rather "Kanjaroo" courts, as far as Muslims are concerned.

 

[Joe Shearer]

@Joe Shearer and @Vapnope

Read these two excellent posts on the topic from Gautam Bhatia and Hari Ramesh

The Essential Religious Practices Test and the Inversion of Agency: Notes from the Hijab Hearing

The essential religious practices test [“ERP”] is one of the enduring burdens of Indian constitutional law. Its origins (as I have shown here) lie in a judicial misreading of one senten…

indconlawphil.wordpress.com

Guest Post: The Hijab Case through the Lens of Article 19(1)(a)

[This is a guest post by Hari Kartik Ramesh.] Controversy has raged in the corridors of educational institutions in Karnataka on the matter of uniforms. In the beginning of 2022, the Karnataka gove…

indconlawphil.wordpress.com

Let me also add - unlike the US - where personal belief in a religious practice makes it essential and protectable, India takes the opposite approach, where the onus is on the petitioner to prove that the religious practice is essential and examples of those not following the religion are held as examples of it non-essentiality.

Two extremely good observations.

However, if you read my remarks again, I pointed out that this is a reality, and the probable basis on which the court(s) might decide. There was no examination of the soundness of this basis.

Second, the Kerala High Court was cited. The Karnataka High Court does not have to follow that precedent, as it is a peer forum.

Let us see what the verdict is.

Meanwhile, thank you for these excellent forwards.

 

[xeuss]

I should imagine that the boot is on the other foot; that you display a disgraceful partisan spirit towards an institution that is doing well in difficult circumstances.

Doing well?

A court that can hold an emergency hearing and bail for Arnab Goswami, but has no time for hearings for Kashmiris or Siddique Kappan cannot be considered to be healthy or having any independence.

Joe - you must wake up - we're living in 1930s Germany or 1970s Uganda with our tin-pot dictator and his kangaroo courts.

 

[SIPRA]

I should imagine that the boot is on the other foot; that you display a disgraceful partisan spirit towards an institution that is doing well in difficult circumstances.

Are you referring to that rascal, who sold himself for a seat of Rajya Sabha.

 

[Joe Shearer]

Change is the only constant. Anti incumbency will eventually usurp any administration, including the current one.

I hope you are right.

One common factor is the incompetence of the right-wing in terms of administrative competence. They have failed right across the board.

 

[cocomo]

Yes. That scoundrel Justice Gogoi. In fact superior judiciary of India are not "Kangaroo" courts, but rather "Kanjaroo" courts, as far as Muslims are concerned.

Exactly they never hear cases put forth by Muslims, so the state indiscriminately locks Muslim comedians, journalists and activists who speak against Hindu terrorists. They only hear cases when it is inconvenient to not do so, when there is international pressure. The case in point is of Munawar Faruqui kept in custody of 30 days without bail until it became international news. Another anti-Muslim attitude by this kangroo court is evident by their blatant disregard for Hindu terrorists who made public calls to their rabbid Hindu fanatics to kill Muslims , essentially calling for genocide against Muslims and these terrorists are still roaming free.

 

[xeuss]

I hope you are right.

One common factor is the incompetence of the right-wing in terms of administrative competence. They have failed right across the board.

THAT is the only reason we have not seen the gas chambers yet. If we had the 1940s German efficiency, you would be reading about us in history books by now.

 

[Joe Shearer]

Doing well?

A court that can hold an emergency hearing and bail for Arnab Goswami, but has no time for hearings for Kashmiris or Siddique Kappan cannot be considered to be healthy or having any independence.

Joe - you must wake up - we're living in 1930s Germany or 1970s Uganda with our tin-pot dictator and his kangaroo courts.

I don't agree that these are kangaroo courts, and am sorry that you are getting carried away. The situation is difficult, and we had three monkeys, SeeNoEvil, SpeakNoEvil and HearNoEvil, as successive Chief Justices, but we now have one and a court that is standing up to whatever can be resisted.

It is clear to everyone that under the present oppressive regime, where individual judges are under threat, neither the adjudication of Art. 370 nor the examination of the legality of the UAPA law will be taken up. Nobody - not the judges, not any of those of us who hope for a return to normalcy - thinks that anything will be gained by a confrontation today that cannot be won.

You may have your reasons to feel bitter about the courts, the lower courts in general, in perspective, I believe that there has been an improvement, and I believe that the general sentiment in the Supreme Court is favourable to democracy. it cannot act without legislative support, and that is what is wanting.