38.6c New Delhi, India, Sunday, April 21, 2024
Judiciary

High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video]

By LAWSTREET NEWS NETWORK      01 September, 2023 02:20 PM      0 Comments

NEW DELHI: The Madhya Pradesh High Court has told the Principal and staff of a school of Madhya Pradesh that they can't compel students from Hindu and Jain faiths to wear 'hijab' or force them to study materials of Islamic faith.

Justice Dinesh Kumar Paliwal  imposed these conditions upon Asfa Sheikh, principal Anas Athar, teacher and Rustom Ali, peon of Ganga Jamuna Higher Secondary School, Futera Ward, Damoh, while granting them bail.

The court directed the three applicants not to repeat the offence, and not prevent students of other religion from wearing the essentials of their own religion as such wearing a sacred thread (kalawa) and putting tilak on the forehead.

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

The court also directed that the girl students of other religion i.e. Hindu and Jain etc should not be compelled to wear head scarf (Hijaab) anywhere in the school premises or in the class rooms.

An FIR was lodged in the matter on June 07, 2023 with Kotwali police station at Damoh in Madhya Pradesh.

The three accused were arrested on June  11, 2023 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.

According to the complaint, principal Asfa Sheikh, teacher Anas Athar and peon Rustom Ali and management of the Ganga Jamuna Higher Secondary School, Futera Ward, Damoh compelled students from Hindu and Jain faiths to wear salwar kurti, head scarf (Hijaab) and dupatta (scarf).

It alleged Urdu was being taught as compulsory subject in school from nursery to Class XII and prayers belonging to muslim faith were being recited and taught in school and students from Hindu and Jain religion cannot put tilak on the forehead and cannot tie sacred thread (kalawa) on their wrist and if someone wore the sacred thread (kalawa) or put tilak, he was being forcibly prevented, by the teachers.

Seeking their release on bail, the applicants submitted that they were innocent as it was the Managing Director Mohd Idrish and members of the School Management who have prescribed the dress code and made it compulsory to all girls students to wear head scarf (Hijaab) with dress. They also said the school is a minority religious institute.

Opposing their plea, the state government said the girl students are being compelled to wear head scarf (Hijaab), whereas even minority institutions cannot compel the students belonging to other religion to wear head scarf (Hijaab) and it cannot prevent students of other religion from wearing sacred thread (kalawa) and puting tilak on the forehead. Such schools also cannot compel them to read Urdu language necessarily and to recite the prayers belonging to Islam faith.

The applicants also submitted that no offence under Section 3/5(1) of the Madhya Pradesh Freedom of Religion Act was made out against them as there are no allegations against them that they are involved in forced conversion of the students of the said school.

Upon hearing the parties, the bench said it is a case in which applicants may be released on bail as after the investigation, a charge sheet has been filed against them and the main allegations are against management of the school, while trial of the case will take considerable time.

The court ordered the release of the three on bail on their furnishing a personal bond incorporating the 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. They shall also abide by all the conditions enumerated under Section 437(3) of CrPC. 

 

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents

The Court pointed out one medical document in particular, wherein there was mentioning of labour pains and contradicted that since petitioner is a male, it makes no sense. In view of the above, the Court opined that the Petitioner unabashedly filed fake documents with utter disdain and disregard for the Court.

Glorification of Women versus Belligerent Female Foeticide in India Glorification of Women versus Belligerent Female Foeticide in India

In Voluntary Health Assn. of Punjab v. Union of India, (2013) 4 SCC 1, the Supreme Court in its watershed judgment on female foeticide decided it to be the most aggravated form of dehumanization of the human race. The court was observed to have stated that the "Law prohibits it; Scriptures forbid it; philosophy condemns it; ethics deprecate it; morality decries it, and social science abhors it.” It’s time the executive pulled up its socks and tightened the noose around implementation of the PC & PNDT Act. The duality around women with exhalation of deities and contrasting blatant disregard for their basic human rights needs to break the confounds of mere academic debate and reinforce the tenets on which the Constitution of India rests.

High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video] High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video]

Madhya Pradesh High Court's decision regarding Ganga Jamuna School: Principal and teacher prohibited from enforcing 'hijab' on students of Hindu and Jain faiths. Learn about the court's directives and the case details.

Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case

The Supreme Court of India overturns Madhya Pradesh High Court's decision, ordering the appointment of a woman who was previously denied the position of Civil Judge (Junior Division) due to a past minor offence related to a dog bite case. The Court emphasizes fairness and justice in its landmark ruling.

TRENDING NEWS

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM

TOP STORIES

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
cannot-stop-any-public-rally-bombay-hc-says-on-allegation-that-ram-navami-processions-deliberately-pass-through-muslim-majority-areas
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email