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Do courts in India reflect BJP’s anti-Muslim sentiments?

Published

2 years ago

Farwa

The hijab ban was the stepping stone in a series of Islamophobic attacks in India. Comments by Bharatiya Janata Party (BJP) leaders on Prophet (PBUH) and the vicious attacks on Muslim protesters that followed reflect BJP’s anti-Islam propaganda.

However, is it only the government in India that is Islamophobic or do courts reflect the same sentiments?

It is no secret that the Indian authorities have adopted policies that systematically discriminate against Muslims. The prejudice and anti-Muslim agenda embedded in the BJP also echoes in judgements by the Indian courts.

Recently, the Karnataka High Court upheld a state government order that banned headscarves in classrooms. The Chief Justice Ritu Raj Awasthi of the Karnataka High Court said in the judgment that: “We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice.”

The judgment also stated that the government had the power to prescribe uniform guidelines.

Needless to say, this judgment was problematic in many ways. Firstly, this judgment exposes the realpolitik of India. For a country that calls itself “socialist”, “secular”, and “democratic”, the rise of Islamophobia in India says otherwise.

Under the BJP leadership, India has become one of the most dangerous countries for its minorities. The government seems to work tirelessly toward stripping Muslims of their fundamental rights and the Karnataka judgment is proof of this.

The judgment also violates several international human rights. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) discusses the right to freedom of thought, conscience, and religion. In 1993, the United Nations Human Rights Committee (UNHRC), in its general comment No. 22, stated that “not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or head coverings” fall under the scope of this Article.

Like many other countries, India has ratified the convention therefore it has a legal obligation to respect this provision.

Back in 2020, France passed a law Act No. 2010-1192 that stated that no one may, in a public space, “wear any article of clothing intended to conceal the face.” Arguing that this law violated their right to express their religion, two women approached the UNHRC where two landmark decisions were given in Miriana Hebbadj v. France and Sonia Yaker v. France.

The Court held that the burqa ban was a violation of the right to freedom of religion under Article 18 of the ICCPR.

Therefore, by looking at the case law, it can be understood that the burqa and hijab are protected under Article 18 of the ICCPR thus the Karnataka High Court, by banning the hijab, violated international human rights law.

The Karnataka Court based its reasoning on three grounds; equality, fraternity, and public order. The judgment achieves the opposite of equality as it bans an extremely important element of the Islamic religion.

Furthermore, there is no substantial evidence that proves that hijab is a threat to public order that justifies an absolute ban. Wearing a hijab is an external manifestation of a woman’s religious beliefs.

In this case, the judges relied on the “essentiality test” in order to determine whether the hijab is essential or not. By deciding what is essential in religion, the judges are entering into a theological terrain. Judges all around the world, especially in non-Muslim countries tend to know very little about Islam.

Deciding on important questions such as the one posed in this case should only be decided by jurists or theologians who understand the religion and the court should have relied on their rulings.

Judges deciding such important matters can and unfortunately has led to dangerous circumstances.

Current India has become extremely dangerous for its minorities, especially Muslims. India under the right-wing BJP seems to be committed to targeting Muslims and the recent events in the country seem to be proof of this.

International forums should have taken notice of the hijab ban as a serious violation of the human rights of Muslims in India. By choosing to ignore this, the world paved the way for more serious attacks on Muslims.

The recent remarks by Nupur Sharma have exposed the true sentiments of the BJP government towards Muslims. The recent surge in violence should not go unnoticed and India should be held accountable for its actions.

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Rainfall throughout the night stops flights in Lahore.

Published

18 hours ago

Farwa

Allama Iqbal International Airport experienced many hours of flight disruption due to the intense rainfall and windstorms that occurred overnight in Lahore, the provincial capital of Punjab.

Aviation sources claim that because of the monsoon weather, the flight operation was unable to operate between 3 and 4 am.

It is possible that the planes will arrive at the airport at 4 am.

Amidst delays in foreign airline flights, three aircraft made landings in Multan and Peshawar.

Riyadh flights arrived in Peshawar Airport, while flights scheduled to land in Lahore in Abu Dhabi and Bahrain ended up landing in Multan Airport.

Seven hours later than scheduled, the Qatar Airways flight from Doha arrived in Lahore.

Because of the bad weather, there are delays in the arrival and departure of numerous international planes.

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Containers were used to seal the Red Zone before JI’s sit-in at D-Chowk.

Published

18 hours ago

Farwa

Authorities in Islamabad have blocked off the Red Zone by erecting containers in front of today’s (Friday) Pakistan Tehreek-e-Insaf (PTI) demonstration and the Jamaat-i-Islami sit-in at D-Chowk in Islamabad.

Jamaat-i-Islami is scheduled to stage a sit-in at Islamabad’s D-Chowk, and the Pakistan Tehreek-e-Insaf (PTI) has declared a nationwide protest against the country’s soaring inflation and recent spike in electricity rates.

Containers have been used to block access to the Red Zone’s main crossroads, D Chowk, Nadra Chowk, and Sarina Chowk.

ISLAMABAD, PUNJAB SECTION 144

In the meantime, in response to PTI and JI plans for statewide rallies, the federal and Punjabi governments enforced Section 144 in Islamabad and Punjab. Section 144 will be in force from Friday, July 26 to Sunday, July 28, per the notification that was released in this regard.

Rallies, sit-ins, protests, and rallies are prohibited from July 26 to July 28, according to a letter from the Home Department. It said that terrorists may find public gatherings to be an easy target and stated that the decision had been made with the threat of terrorism in mind.

In contrast, JI Secretary General Ameerul Azeem claimed in a statement that police had raided the residences of JI officials across the nation.

In an attempt to break up the protest, he said, police had targeted JI leaders and activists. He also alleged that multiple instances of police raids, arrests, and harassment of women had occurred in various towns.

GOVT ADVISED

The government was forewarned by Jamaat Emir Hafiz Naeemur Rehman earlier on Thursday that it would face consequences if the party was barred from accessing Islamabad for their scheduled demonstration against inflation and an increase in electricity prices.

He stated in a statement that their belief is in peaceful political protest as a means of securing public rights. “We are not afraid of arrests, and the Jamaat-e-Islami cannot be stopped,” he added.

“The historic sit-in on Friday, July 26, will represent 250 million people of Pakistan, and we will sit peacefully at D-Chowk.”

According to the JI, convoys are in route from all around the nation to participate in the sit-in. He encouraged the administration to offer a location for the protest, highlighting that it is their constitutional and democratic right to speak up for the country.

“Any political party that wishes to participate” was invited, and he welcomed them all.

Prior to the sit-in, police raided the residences of JI leaders and officials in many parts of Punjab and Rawalpindi, making multiple arrests.

Ameerul Azim, the central secretary general of Jamaat-e-Islami, was not able to be arrested during the police raid; instead, Shaukat Mahmood, his driver, was taken into custody.

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Changes to Pakistan’s Test team could be significant for the Bangladesh series.

Published

18 hours ago

Farwa

Major changes to Pakistan’s team are anticipated ahead of the forthcoming Test series against Bangladesh, sources in Lahore have revealed.

As the team gets ready for the series, meetings with the players are planned for next week.

It is predicted that the Test squad would undergo several changes. The team’s lineup is expected to be strengthened by the likely inclusion of Muhammad Huraira. Key players like Faheem Ashraf, Wasim Jr., Saim Ayub, and Nauman Ali, whose contributions are vital to the team’s success, struggle to get a spot on the squad.

Furthermore, according to sources, Imamul Haq or Sahibzada Farhan are anticipated to be added to the team, subject to additional assessment. Furthermore, following a fitness assessment, Amir Jamal and Hasan Ali’s futures will be determined.

The ultimate selection for the Test team will take place following Red Ball head coach Jason Gillespie’s return to Pakistan. The ultimate squad that will play Bangladesh in the forthcoming Test series will be greatly influenced by his assessments and thoughts.

Pakistan is scheduled to visit New Zealand in March and April of 2025, according to the country’s official cricket schedule, which was released earlier this month.

Throughout their visit, the Pakistan cricket team will play three One Day Internationals (ODIs) and five Twenty20 Internationals (T20Is) in an exciting series.

The T20I series, which starts at Hagley Oval in Christchurch on March 16, will serve as the tour’s opening event.