SC to hear plea of students against Bombay HC verdict upholding ban on hijab, burqa in college
New Delhi (PTI): The Supreme Court on Tuesday said it has ordered listing of a plea challenging the verdict of the Bombay High Court which had upheld a decision of a Mumbai college to impose a ban on wearing of 'hijab', 'burqa' and 'naqab' inside the campus.
The high court had on June 26 refused to interfere with the decision of the Chembur Trombay Education Society's N G Acharya and D K Marathe College imposing the ban, saying such rules do not violate students' fundamental rights.
It had said a dress code is meant to maintain discipline which is part of the college's fundamental right to "establish and administer an educational institution".
Taking note of submission seeking urgent listing of the appeal, a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said it has already assigned a bench for the matter and that it would be listed soon.
Lawyer Abiha Zaidi, appearing for petitioners, including Zainab Abdul Qayyum, sought urgent hearing saying the unit tests in the college are likely to commence on Wednesday.
The top court is yet to conclusively decide the legality of such diktats issued by educational institutions.
A two-judge bench of the top court, on October 13, 2022, had delivered opposing verdicts in the hijab controversy emanating from Karnataka. The then BJP-led state government had imposed a ban on wearing the Islamic head covering in schools there.
While Justice Hemant Gupta, since retired, had dismissed the appeals challenging the judgement of the Karnataka High Court which had refused to lift the ban, Justice Sudhanshu Dhulia had held there shall be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.
The present controversy stems from the decision of a Mumbai college.
The Bombay High Court trashed the plea against the ban and said the dress code was applicable to all students irrespective of religion or caste.
The students, who were in the second and third year of the science degree course, had moved the high court, challenging a directive issued by the college imposing a dress code under which students cannot wear a hijab, naqab, burka, stoles, caps and badges on the premises.
The students had claimed it was against their fundamental right to practice religion, the right to privacy and right to choice.
The college's action was "arbitrary, unreasonable, bad-in-law and perverse", the plea had said.
The high court, however, had said it could not see how the prescription of dress code by the college violated Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom to practice religion) of the Constitution.
"In our view, the dress code as prescribed cannot be held to violate the petitioners' rights claimed under Article 19(1) (a) and Article 25 of the Constitution of India," the HC had said.
The high court had also refused to accept the petitioners' contention that wearing a hijab, naqab and burqa was an essential practice of their religion.
"Except for stating that the same constitutes an essential religious practice on the basis of the English translation of Kanz-ul-Iman and Suman Abu Dawud, there is no material placed to uphold the petitioners' contention that donning of hijab and naqab is an essential religious practice. The contention in that regard, therefore, fails," the HC had said.
Prescribing a dress code should be seen as an "exercise towards maintaining discipline", and the right to do so flows from the fundamental right to establish and administer an educational institution under Article 19(1)(g) (right to practise any profession or run trade/business) and Article 26 of the Constitution, the HC had said.
The dress code was mandatory only within the college premises and the petitioners' freedom of choice and expression was not otherwise affected, it had said.
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Anbumani asks PM Modi to ban sale of cigarettes for those born after 2009
Chennai (PTI): PMK leader Anbumani Ramadoss on Saturday urged Prime Minister Narendra Modi to take legislative measures to prohibit smoking and the sale of cigarettes to individuals born on or after January 1, 2009, thereby creating a smoke-free generation.
Anbumani, former Union minister for health and family welfare, said, "Once implemented, it (ban on cigarettes) will ensure that future generations are legally prevented from ever accessing tobacco products", he said in a letter to Modi.
"I write to you with a deep sense of urgency and responsibility, drawing your kind attention to a critical public health issue that continues to endanger the lives of millions of Indians, particularly among the younger generation who are affected by cigarette smoking", he claimed.
Stating that India unfortunately bears a disproportionately high burden of tobacco-related morbidity and mortality, he said, adding that, according to global health estimates, nearly 267 million Indians, approximately one in five citizens, use tobacco.
"Each year, tobacco consumption directly accounts for over 1.35 million deaths, while exposure to second-hand smoke contributes to a total of approximately 2.3 million deaths annually", he said, adding, "these figures are alarming and reflect a public health crisis of immense magnitude".
He pointed out that Scientific evidence unequivocally establishes tobacco use as a leading cause of cancer and numerous non-communicable diseases, including cardiovascular ailments, chronic respiratory diseases such as COPD, and multiple forms of malignancies. "In India alone, tobacco is responsible for nearly 40–50 per cent of all cancer cases, with over 4.7 lakh deaths annually attributed to tobacco-induced cancers", he added.
"In this context, I strongly urge the Union government to consider enacting a transformative law similar to that of the United Kingdom, that permanently prohibits the sale and consumption of tobacco products for individuals born on or after a specified year (such as 2009). Such a generational ban would mark a decisive step towards eliminating tobacco use in India over time", he said.
