Connect with us

Latest News

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

Published

on

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.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

A 4.9-magnitude earthquake rattles Swat and surrounding areas.

Published

on

By

Late on Thursday night, an earthquake with a magnitude of 4.9 shook the province of Khyber Pakhtunkhwa, as well as the surrounding districts of Swat.

Fearfully, people emerged from their houses and began reciting passages from the Holy Quran. The earthquake did not cause any documented casualties or damage to property in any area in Swat.

The earthquake’s epicenter, according to the National Seismic Monitoring Centre in Islamabad, was situated 71 kilometers deep in the border region between Pakistan, Afghanistan, and Tajikistan.

A 5.3-magnitude earthquake that struck earlier in the day rocked several Pakistani cities, including Islamabad, Peshawar, Mardan, Kohat, and the Swat valley. In addition, Lower Dir, Malakand, and Muzaffarabad all experienced earthquakes.

Continue Reading

Latest News

LHC requests report on dangers to PTI founder’s life

Published

on

By

The Punjab Advocate General’s report about threats to the life of PTI founder Imran Khan while he was incarcerated was requested by the Lahore High Court (LHC) on Friday.

Chief Justice Malik Shahzad Ahmed Khan of the LHC Court made the order while considering a request for the PTI founder’s security in jail made by President Afzal Azim of the Tehreek-e-Insaf Lawyers Forum.

Advocate Afzal requested that the court impose severe security measures on the PTI founder, arguing that the jail authorities had prohibited their meeting with him due to security concerns.

Advocate General Khalid Ishaq questioned the application’s maintainability as soon as the proceedings began. He stated that since it was the Punjab government’s responsibility to safeguard him, he would request a report on security concerns.

We cannot afford any more significant mishaps, Chief Justice Khan said. While Benazir Bhutto and Liaquat Ali Khan were slain, the founder of the PTI managed to elude a murderous attempt on his life.

He gave the counsel general instructions to find out how concerned the PTI founder is about security.

The plea can be heard in the Rawalpindi bench, not in the primary seat, the advocate general objected.

The hearing was postponed till April 3 by Chief Justice Khan, who instructed Attorney Afzal to present his petition on the following date.

Recall that on Thursday, Advocate Afzal petitioned the court to order the Punjab Home Department and the federal government to give the PTI founder greater security.

Continue Reading

Latest News

Eid package for deserving individuals approved by KP cabinet

Published

on

By

Details reveal that the cabinet also gave its approval for the purchase of cars and security gear for the police in the combined districts, totaling Rs 7.6 billion.

The decision was granted today in Peshawar at a cabinet meeting presided over by provincial chief minister Ali Amin Gandapur.

The Information Technology Board and a Special Technology Zone Authority’s Memorandum of Understanding for the creation of Pakistan Digital City were approved at the meeting.

The Pakhtunkhwa Energy Development Organization’s executive committee members and chief executive officer are appointed according to guidelines that the cabinet has agreed upon.

It is important to note that Chief Minister Ali Amin Gandapur previously declared that his government’s top goal was to restore peace and order to the province. He also stated that a detailed strategy had been established for this purpose.

He declared that the plan will soon be put into action because improving the state of law and order is essential to the development of any area.

He added that the protection of the police and other troops would also be a priority.
According to the chief minister, the government has brought back the “health card” feature.

He declared, “We have to improve the treatment facilities at public hospitals” and expressed hope that soon everyone will be able to receive treatment at public hospitals without needing to go to private ones.

Continue Reading

Trending