If secular India can accept CM in saffron, why can't it accept Muslim girls in Hijab: Dushyant Dave
Says Karnataka HC misunderstood SC's 1954 judgement wrongly applied essentiality test
New Delhi: Former President of Supreme Court Bar Association, Dushyant Dave has come out in the support of young Muslim girls wearing Hijab in Schools and Colleges asserting if a secular India can accept a CM in wearing saffron robes in his official government office, then, why can’t it accept young Muslim women in Hijab.
Speaking to The Wire’s Karan Thapar during an interview, Dave, one of India’s most highly regarded Supreme Court lawyers said “In applying the “so-called” essentiality test to the question, is the Hijab an integral part of Islam, the Karnataka high court has misunderstood the Supreme Court’s 1954 Shirur Mutt judgement, which established the essentiality test, and therefore, wrongly applied the test.”
He further noted that the 1954 judgement contained a definition of religion which was all-encompassing and far-reaching that it included different types of food and dress that believers considered essential to their faith.
“If Muslim girls consider the Hijab as integral to their faith, then it is. The hijab is clearly covered by the 1954 judgement’s definition of religion,” he added.
In the interview for The Wire spanning 28 minutes, Dave proceeded to read out the 1954 judgement.
“It would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress”, the 1954 judgement said.
He asserted that this judgement has been frequently looked upon by the Supreme Court for roughly 70 years ever since the judgement. However, adding that if Karnataka High Court intended to tackle the essentiality test, it should have consulted the 1954 definition of religion reviewed in the Shirur Mutt judgement.
Meanwhile, he stressed on the driving force of his argument – if secular India can accept a chief minister wearing bhagwa [or saffron] – coloured clothes in his official government office, then why can it not accept young Muslim girls wearing hijab in schools?”
Former President of Supreme Court Bar Association, Dushyant Dave has come out in the support of young Muslim girls wearing Hijab in Schools and Colleges asserting if a secular India can accept a CM in wearing saffron robes, why it can’t accept young Muslim women in Hijab.
Speaking to The Wire’s Karan Thapar during an interview, Dave said “In applying the “so-called” essentiality test to the question, is the Hijab an integral part of Islam, the Karnataka high court has misunderstood the Supreme Court’s 1954 Shirur Mutt judgement, which established the essentiality test, and therefore, wrongly applied the test.”
He further noted that the 1954 judgement contained a definition of religion which was all-encompassing and far-reaching that it included different types of food and dress which believers considered essential to their faith.
“If Muslim girls consider the Hijab as integral to their faith, then it is. The hijab is clearly covered by the 1954 judgement’s definition of religion,” he added.
In the interview for The Wire spanning 28 minutes, Dave proceeded to read out the 1954 judgement.
“It would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress”, the 1954 judgement said.
He asserted that this judgement has been frequently looked upon by the Supreme Court for roughly 70 years ever since the judgement. However, adding that if Karnataka High Court intended to tackle the essentiality test, it should have consulted the 1954 definition of religion reviewed in the Shirur Mutt judgement.
Meanwhile, he stressed on the driving force of his argument – if secular India can accept a chief minister wearing bhagwa [or saffron] – coloured clothes in his official government office, then why can it not accept young Muslim girls wearing hijab in schools?”
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89 killed as storm, rain batter UP; relief work underway
Lucknow (PTI): At least 89 people were killed after a strong storm and heavy rain pounded several districts of Uttar Pradesh, uprooting trees and damaging houses, according to the Relief Commissioner's office.
As the weather changed suddenly on Wednesday evening, many took shelter under trees and flyovers. Clouds of dust enveloped large parts of the state, reducing visibility and ripping hoardings and tin sheds.
High velocity winds also uprooted trees and electric poles, many of which blocked roads, crushed vehicles and damaged houses.
Rescue efforts were launched soon after. Some dug through the debris with bare hands to rescue those trapped while others rushed the injured, including children, to hospitals.
"Due to bad weather on May 13, including storms, rain, hailstorm and lightning, reports of 89 deaths, 53 injured persons, 114 livestock losses and damage to 87 houses have been received in the state, which has been taken cognisance of by the Hon'ble Chief Minister," the Relief Commissioner's office said in a post on X on Thursday.
It said the chief minister has directed all divisional commissioners and district magistrates to verify the incidents "with full sensitivity" and ensure financial assistance is distributed to affected families within 24 hours while establishing direct communication with them and extending other necessary help.
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The Relief Commissioner's office said it is continuously monitoring the situation through direct coordination with district officials and necessary funds are being made available to districts.
Various videos showing the damage caused by the violent storm were shared on social media, but one from Bamiyana village in Bareilly stood out.
The video shows a man being flung nearly 50 ft in the air along with a tin roof by gusts of wind and thrown in a field.
The man had held onto a tin shed to protect himself during the storm.
According to a list issued by the Prayagraj district administration, seven deaths were reported in the Handia area, four in Phulpur, three in Soraon, two in Meja and one in Sadar due to the storm and rain.
In Bhadohi, at least 16 people died in storm-related incidents.
Additional District Magistrate Kunwar Virendra Kumar Maurya said trees and electric poles were uprooted in several areas and many houses were damaged in the storm.
In Bhadohi's Rampur, several people fell into the Ganga after the storm damaged a pontoon bridge at the Ganga ghat. All of them were rescued safely.
In Mirzapur's Gaura Pramanpur, too, a pontoon bridge was damaged, cutting off 20 villages.
Fatehpur Additional District Magistrate Avinash Tripathi said nine people were killed and 16 injured in storm-related incidents in the district.
"Eight people, including five women, died in Khaga tehsil, while a woman died after a wall of a house collapsed in Sadar tehsil," he said.
In Pratapgarh, four people died in separate incidents of wall and cemented shed collapse and lightning strike amid strong winds and rain.
Superintendent of Police Deepak Bhukar said Bhim Yadav (25) died after he was trapped under the debris of a cemented shed that collapsed in Ojha Ka Purwa village in the Lalganj Kotwali area.
He said Bhushan Pandey (56) died after a wall collapsed in Sari Swami village under the Baghrai police station area.
Bhukar said Shanti Devi (46) of Narangpur village and Lal Bahadur (44) of Chhatrapur Shivala Raghna village also died in storm-related incidents.
In Kanpur Dehat district, two persons died in rain-related incidents.
Police sources said a 19-year-old woman, Ruchi, died after being struck by lightning in Bhauthari village under the Rasulabad area while sheltering under a tree with goats during heavy rain. Several goats also died in the incident.
A 60-year-old man standing nearby was injured, they said.
Additional District Magistrate (Finance and Revenue) Dushyant Kumar said reports regarding human and livestock losses have been sought from local officials and financial assistance will be provided as per government rules.
In Deoria, Komal Yadav (62), a resident of Bhimpur Gaura village, died after being struck by lightning. Two others were injured in the incident.
In another incident, Ramnath Prasad (65), a resident of Neruari village, died in a lightning strike.
In Sonbhadra district, Madhav Singh (38) died after being trapped under an uprooted tree.
Chief Minister Yogi Adityanath took cognisance of the loss of lives and damage caused by the unseasonal rain, thunderstorms and lightning, and directed officials to ensure relief reaches the affected families within 24 hours.
The CM has directed all districts to send updates on storm, rain and lightning-related damage every three hours and asked officials to publicise relief measures, including compensation disbursal, on social media, an official statement said.
According to the statement, reports of human casualties, livestock losses and crop damage have emerged from at least 19 districts, including Barabanki, Bahraich, Kanpur Dehat, Basti, Sambhal, Hardoi and Unnao. Several houses were also damaged due to inclement weather.
Adityanath also instructed the officials to remain alert and ordered the revenue and agriculture departments, along with insurance companies, to conduct a survey of the damage and submit a report to the government.
Samajwadi Party president Akhilesh Yadav termed the loss of lives in the state "extremely saddening".
He urged the government to immediately arrange free and proper treatment for the injured, ensure the supply of food and drinking water, and make temporary accommodation arrangements for those affected.
He also demanded dignified last rites for the deceased and appealed to Samajwadi Party workers in unaffected areas to help those impacted by the storm in every possible manner.
