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

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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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Smog crisis: Punjab will go into complete lockdown, school holidays will be extended

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The deteriorating smog situation in Punjab has prompted Punjab Senior Minister Marriyum Aurangzeb to declare a health emergency in Lahore and Multan, among other immediate emergency steps.

Speaking at a news conference in Lahore, Marriyum underlined the seriousness of the issue by claiming that the air quality index (AQI) in Lahore and several other cities had reached dangerously high levels, with Lahore’s AQI reaching a startling 2800.

“The countries that reduced smog received a lot of cooperation from their citizens,” she said, advising people to spend Saturday and Sunday at home. She also emphasized the media’s and actors’ and artists’ contributions to the fight against the health threat.

Marriyum claimed that she put on a mask and went out in Lahore herself, where she saw people having a good time. Because they ride motorcycles and cars without masks, they are unaware that smog can kill them. She emphasized that the mask prohibition should be enforced by the business sector.

“I shall exhort everyone who is against smog to band together. Taking everything into account, the decisions will go into effect starting next week,” the minister declared.

Important actions revealed
With the haze in Lahore and other Punjabi cities getting worse, the minister announced the following measures:

All furnace-based facilities and brick kilns in Lahore and Multan have been closed since Friday in an effort to reduce pollution.

On Friday, Saturday, and Sunday, if nothing changes by Wednesday, there will be a total lockdown.

It will only be possible to eat at restaurants until 4 p.m.; after then, takeout will be available.

All Punjabi schools, colleges, and universities—aside from Murree—have extended their holidays and been directed to switch to online instruction.

As of Friday, construction has been prohibited in Multan and Lahore.

Holidays for paramedical workers have been canceled, and hospital outpatient departments will now be open until 8 p.m.

EAQ oil projects and e-bikes are in the works. Lahore is introducing e-buses in response to the environmental condition.

More than 40,000 smog-affected people are receiving treatment in hospitals, according to Marriyum Aurangzeb, who also recommended people to minimize their outside activities and wear masks, especially when riding motorcycles. She stated her desire to testify before the Lahore High Court, which is considering a case pertaining to smog, and inform the judge of the government’s actions.

“A public campaign called ‘Detox Lahore’ has been launched to raise awareness about smog and its life-threatening effects,” she said, adding that “currently, our health has turned into a smog health crisis.” “People are requested to go out on motorcycles only for essential work, and that too while wearing masks,” she stated.

The chief minister began working on smog in March, Aurangzeb emphasized, and a plan was developed by considering all the variables that contribute to haze. A 10-year climate change and smog policy was put into place by the Punjab government. It included converting brick kilns to zigzag technology after destroying 800 kilns to cut emissions, encouraging eco-friendly transportation by introducing electric buses and e-bikes in Lahore, and giving farmers super seeders at 60% off the price to cut down on stubble burning.

The chief minister was personally reviewing the departments’ adherence to the smog policy, she said. In Punjab, there was no rule requiring motorcycles to be inspected for fitness, and vehicles were not checked. “We have received three gas analysers, which will be given to the traffic police for inspecting vehicles,” Aurangzeb stated.

As the two nations are unable to alter the wind direction, the minister emphasized that smog is not just a problem in Pakistan but also impacts people’s life in Punjab, India. “Smog knows no borders; it’s a matter of life and death for both countries,” she said, calling for collaboration to face the threat.

In order to secure adherence to the mask mandate and other measures, Marriyum Aurangzeb made an appeal to the public and commercial sectors. She threatened to implement further stringent measures, including a potential lockdown that would last until Friday, Saturday, and Sunday, if the smog situation did not improve by the middle of the week.

In closing, Aurangzeb emphasized the importance of teamwork, saying, “Countries that eradicated smog were successful due to public cooperation. We must follow suit in order to safeguard our future and well-being.

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Three Terrorists Are Killed by Security Forces in Harnai District: ISPR

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The Security Forces killed three militants in Balochistan’s Harnai District.

Security Forces led by Major Muhammad Haseeb were promptly sent in to sanitize the Harnai District when it was suspected that terrorists were present and intended to attack defenseless civilians, according to ISPR.

Three of the terrorists were dispatched to hell when the own troops successfully engaged their location.

Nevertheless, Havildar Noor Ahmed and Major Muhammad Haseeb paid the ultimate sacrifice and accepted martyrdom after an improvised explosive device detonated on the Security Forces’ lead vehicle during the operation.

Together with the country, Pakistan’s Security Forces are resolute in their efforts to prevent attempts to undermine Balochistan’s peace, stability, and advancement; the valiant troops’ sacrifices only serve to fortify our determination.

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Pakistan’s Climate Change Ministry and GGGI Sign a Pact on Green Finance for Climate Action

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The Global Green Growth Initiative and the Ministry of Climate Change & Environmental Coordination inked a four-year country program framework agreement to use targeted climate action and green growth initiatives to further Pakistan’s sustainable development goals.

The official signing ceremony took place in Baku, Azerbaijan, at the Pakistan Pavilion at the COP29.

Helena McLeod, Deputy Director-General of the Global Green Growth Institute, and Aisha Humera Moriani, Secretary of the Climate Change & Environmental Coordination Ministry, signed the deal.

The GGGI’s enthusiasm in working with Pakistan to support policy frameworks for climate action, mobilize green finance, and encourage investment in sectors to meet environmental sustainability and climate resilience goals was acknowledged by Romina Khurhsid Alam.

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