#hijaabrow

[seemabhatnagar]

Hijaab Row

India is known in the world as a Secular Country but see day by day the Secular fabric is tearing off. You belong to a particular faith so you are free to profess your religion, practices and faith but you can't compel people belonging to other faith to profess your religious practices. This is what done in the present case which recently came before Hon'ble Jabalpur High Court where in the Ganga Jamuna Higher Secondary School Urdu is being taught as compulsory subject and students are compelled to recite prayers belonging to muslim faith in school.

On the other hand students belonging to Hindu or Jain Sect are restrained to wear Kalawa or to put Tilak on their forehead but are forced to wear Hijaab and salwar kurti.

Background

This is a case of #HijabRow where  #Non-Muslim students studying in Ganga Jamuna Higher Secondary School, Futera Ward, Damoh, Jabalpur Madhya Pradesh were #forced to wear salwar kurti, head scarf (#Hijaab) and dupatta (#scarf) right from Nursery to Class XII and forcefully #restrained from putting #tilak on the forehead or# tying sacred thread (#kalawa) on their wrist and if #someone #wears the sacred thread (kalawa) or put tilak, she is being #forcibly #prevented, by the teachers.

Fact

A #complaint in this regard was received. Matter was inquired & Investigation was conducted & head Scarves were seized. Statement of the girl students were recorded and #FIR was #KotwaliDamoh of Damoh District for the offences punishable under Sections 295A, 506 and 120B of the IPC, Section 75 and 87 of Juvenile Justice Act (Care and Protection of Children) Act, 2015 and Section 3/5(1) of the Madhya Pradesh Freedom of Religion Act, 2021.

FIR was registered against the #Principal Asfa Sheikh, #teacher Anas Athar and Peon Rustom Ali and management of the school for commission of the aforesaid offences. They were #arrested and are in detention since 11.06.2023.

Submission of the Counsel of the Applicant

1.     It was contended by the Counsel of the detenues that they are innocent and are falsely implicated.

2.     The counsel also submitted a copy of the resolution accordingly it is the #SchoolManagement and #Director of the #School Mohd, Idris who had #prescribed #dresscode for all girl students and made it compulsory to wear scarf.

3.     The detenues were #acting as per the #instructions of the #SchoolManagement. The counsel prayed for the release as in the matter after investigation, charge sheet was submitted.

Submission of the Counsel of the State

1.     The counsel of the #State #opposed the #bail application as the statements of the girl students demonstrated that they were compelled to wear head scarf (Hijaab).

2.     whereas minority institutions cannot compel the students belonging to other religion to wear head scarf (Hijaab)

3.     and it also cannot prevent students of other religion from wearing sacred thread (kalawa) and putting tilak on the forehead.

4.     It also cannot compel them to read Urdu language necessarily and to recite the prayers belonging to Islam faith.

Observation of the Court

1.     Charge sheet has been filed against the applicants who are principal, teachers and peon.

2.     The main allegations are against management of the school.

3.     Trial of the case will take considerable time.

4.     Therefore, without expressing any opinion on the merits of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which applicants may be released on bail.

Order

Bail application is allowed subject to the conditions:

1.     Applicants shall not repeat commission of offence.

2.     They shall not prevent students of other religion from wearing the essentials of their own religion.

3.     They shall not compel the students of other religion to read/study any material or language which has not been prescribed or approved by the Madhya Pradesh Education Board.

4.     They shall not provide any religious education or material belonging to Islam faith to the students of other religion and shall impart only modern education as contained in Section 53(1)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

5.     Girl students of other religion i.e. Hindu and Jain etc. shall not be compelled to wear head scarf anywhere in the school premises or in the class rooms.

6.     Further applicants - Asfa Sheikh, Anas Athar and Rustom Ali be released on bail on their furnishing a personal bond incorporating the aforesaid conditions, in the sum of Rs.50,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall appear before the concerned Court on all the dates fixed by it during trial.

7.     The order is effective till the end of the trial and in case of breach of any of the conditions the order shall become ineffective.

Seema Bhatnagar

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