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Feb 18 13 tweets 5 min read
The Advocate General has completed arguments from perspective of whether the Government has any say in deciding uniforms of PU Colleges. Now, they are rebutting submissions which claimed that Hijab will be an ERP & is a fundamental right. #HijabRow
“The method and manner in which GO is assailed must be taken note of, not challenged earlier,” advocate general adds #HijabRow
Advocate General: Article 25(2) speaks of power of state to restrict or regulate by way of order. Similarly, 19(1) right can be restricted by “law to be made by state”

#Hijab
Advocate General: “Law to be made by state” conspicuously absent in art 25(1) & instead talks about public order, morality #HijabRow
Advocate General gives an example of restriction on Right to practice religion - “All temples, churches, mosques shut down during pandemic. Reason was “health”. In every situation like this, court must examine every aspect like this from public order, health, morality.” #HijabRow
Advocate General says he is reading the most “sacred part of the constitution”. “The freedom of conscience means to include belief and non-believers” without imposition from any person #HijabRow
Advocate General is telling Court that India’s Constitution gives the right to a person in India to believe that there is not God as well! #HijabRow
For eg, “Wearing of Rudraksha is a manifestation of your belief, not professing of faith,” he adds
Court: One may be highly irreligious and highly conscientious and one may be highly religious and highly in-conscientious.
#HijabRow
Court: Is Hijab an essential religious practice?
Advocate General: The answer to that is NO. #HijabRow
Advocate General: Why the Hijab is not an ERP Is something I will go over on Monday #HijabRow
BREAKING: A lawyer is telling court that Interim Order by Karnataka High Court which prohibited wearing religious clothing is being misused. “Muslim women are being threatened & being forced to take off their Hijab, everyone interpreting differently!”
#HijabRow
Advocate General says that this complaint should come in writing. Please let me know i will personally ensure that it is not problematic.

Advocate tahir: Muslim women are being maltreated #HijabRow
Advocate General: “Allegations are being made! No complaint has come to us”

Court to Advocate Tahir: Put it forth in writing.
#HijabRow

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More from @LawBeatInd

Feb 19
BREAKING: @RashmiDVS approaches Karnataka HC in ongoing #HijabRow case. Inter alia avers “alarmed at purported attempt to introduce symbols widely regarded as tending to promote discrimination & exclusion of women in state-run edu. institutions under garb of Freedom of Religion”
.@RashmiDVS tells Karnataka HC that she herself was once a student of PU College & recalls that she & peers adhered to a strict uniform code which they welcomed as it “fostered sense of sameness & community”, “fulcrum upon which entire student body united” #HijabRowInKarnataka
Despite views expressed by noted scholars & activists such as “Hijab is meant to keep muslim women oppressed” (Kerala Governor Arif Mohammed), “Veil not mandatory in Islam” (Indian muslims for secular democracy) etc, religious chauvinism being pushed: @RashmiDVS to #KarnatakaHC
Read 4 tweets
Feb 19
#SupremeCourt holds condition imposing gender cap on Orchestra Bars in Maharashtra allowing them to keep only four women singers/artists and four male singers/artists on stage to be void. Image
A bench of Justices KM Joseph and S Ravindra Bhat held that the said restriction directly transgressed Article 15 (1) and Article 19 (1) (g) of the Constitution of India.
"While the overall limit of performers in any given performance cannot exceed eight, the composition (i.e., all female, majority female or male, or vice versa) can be of any combination", held the bench.
Read 6 tweets
Feb 18
Allahabad HC pushes for a "bio-social approach" while dealing with cases where charges under #POCSO Act get slapped even in matters of teenage affairs.
The court said, "Their decision could be impulsive, immature but certainly not sinful." Image
High Court was hearing a bail plea of a youth who was facing prosecution for various offences including rape and Section 3/4 of POCSO Act.

The man, who was himself a teenager at that time, had run away with a 14- year-old girl and got married. The couple now has a child too.
Granting bail to the man, the high court observed,
"The scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair.”
Read 4 tweets
Feb 18
Jst N Anand Venkatesh of #MadrasHighCourt commends Tamil Nadu Govt for being committed towards the cause of #LGBTQIA + community.

"Really happy that the Govt. has come forward to protect this community from harassment by police personnel and others," says Justice. Image
Records the court's "deep appreciation" to the State Govt for having brought out a glossary to address persons belonging to the #LGBTQIA+ community with dignity in the media and other fora.

Directs the media to henceforth use the words that are referred to in the glossary.
Judge reiterates confidence on the press and media and sincerely hopes that they would use the dignified expressions while addressing #LGBTQIA+ community and follow the court direction in letter and spirit.
Read 10 tweets
Feb 18
A #KarnatakaHighCourt bench of Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit & Justice JM Khazi to resume hearing in plea(s) by girl students challenging the alleged ban of wearing #Hijab in government pre-university colleges in Udupi district. #KarnatakaHijabRow Image
Yesterday, one of the intervenors, Dr. Vinod Kulkarni argued that “banning #Hijab is tantamount to banning Quran” & “that allowing sporting of hijab was paramount for preserving mental health of muslim students during Ramzan & on Fridays”
lawbeat.in/top-stories/ba…
The day before, one of the petitioners lawyers drew corollaries between allowing girls to wear Hijabs to school/pre uni colleges as men in turbans are allowed in the army & bindi’s and the crucifix are common symbols in institutions #HijabRow Image
Read 33 tweets
Feb 18
Delhi Court currently hearing rebuttal arguments in the bail plea moved by #UmarKhalid in #Delhiriots case involving charges under IPC and #UAPA.

Hearing before ASJ Amitabh Rawat. Image
Senior Adv Trideep Pais is arguing for Umar Khalid.

#Delhiriots
Pais mentions 16th December incident to the court.

"It was said that the JCC whatsApp group was created on my behest but I have shown that it was created by someone else," Pais

#Delhiriots #UmarKhalid
Read 13 tweets

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