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Asking a PU schoolgirl to take off her hijab at her school gate, is an invasion on her privacy: Justice Dhulia_我的网站

A |     The Pan American Games open Friday in Chile's capital with more than 100 spots available for next year's Paris Olympics and the usual contest to see who will finish second behind the United States in the medals chart.More than 6,800 athletes from 41 countries and territories will compete in Santiago over 17 days. Competitors in 20 sports, including gymnastics, boxing and swimming, will be looking to directly qualify for the Olympics. Other sports will offer spots based on quotas, ranking points or minimum qualification standards.The Pan American Games, the largest multi-sport event in the Americas, are held every four years and precede the Olympics by a year. Santiago, where the streets have been rocked by protests in recent years, will debut as host. About 17,000 volunteers and 3,000 security officers will work at the event.If injuries don't get in the way, the U.S. team in Chile will include 93 Olympians and 32 Olympic medalists in a roster of 631 athletes. Of those, 318 are women and 313 are men. They will compete in 43 of the 46 sports.Brazil, Mexico and Canada are expected to fight for second place in the medals table. The three are bringing some of their biggest stars to the competition, including Brazilian gymnast Rebeca Andrade, Mexican diver Osmar Olvera and Canadian swimmer Maggie Mac Neil.American athletes will seek Olympic qualification in nine sports: breaking, boxing, gymnastics (rhythmic, trampoline), sport climbing, field hockey (men’s and women’s), modern pentathlon, artistic swimming, handball and water polo (men’s and women’s).Athletes in archery, diving, equestrian jumping, table tennis, sailing and shooting can secure quotas that will send them to Paris next year. Those competing in badminton, 3x3 basketball, cycling, taekwondo and triathlon can get ranking points that allow them to qualify. Track and field athletes and swimmers can also get minimum qualification standards for U.S. Olympic team trials.The U.S. team at the Pan American Games has 13 Olympic champions, including nine who won gold in Tokyo — six members of the women's water polo team, fencer Lee Kiefer, shooter Vincent Hancock and swimmer Brooks Curry.The other four won their Olympic titles prior to 2021, including Helen Maroulis and Kyle Snyder in wrestling, and Laura Kraut and McClain Ward in equestrian.Four years ago, the United States won 293 medals in Lima, Peru — 122 gold, 87 silver and 84 bronze. Brazil came in a distant second with 54 gold, 45 silver and 70 bronze. Mexico finished in third with 37 gold, 39 silver and 62 bronze, edging Canada with 35 gold, 65 silver and 52 bronze.As the Olympics did in Japan, the Pan American Games are seeking to reach a younger audience with new sports. Breaking, sport climbing and skateboarding will make their debuts at the event. The latter two have already had a first Olympic competition in Tokyo, while breaking will debut next year in Paris.The opening ceremony of the Pan American Games will take place on Friday at the 47,000-seat Estadio Nacional, around which six new venues for 30 sports were built with an investment of $507 million.Inaugurated in 1938, the Estadio Nacional held its first major sporting event in 1962 when Brazil beat Czechoslovakia 3-1 to win the World Cup title in soccer.Eleven years later, the stadium became a place of horror with extrajudicial killings and torture after the coup d’etat that ousted President Salvador Allende and led him to kill himself in 1973.“People will be surprised by how beautiful this National Stadium Park turned out,” Neven Ilic, the president of organizer Panam Sports, said last week. “All Chileans should feel proud of the level of the facilities and because they will be hosting a celebration never seen before in this country.”The Chilean government says the park that includes the stadium will be a place for the public to practice sports, play and walk as part of the legacy of the Pan Am Games. Authorities also promise to hand over the apartments in the athletes village to families after the event as permanent housing.___AP sports: https://apnews.com/sports。    New Delhi, Oct 13 (UNI) One of the judges in the Supreme Court bench, Justice Sudhanshu Dhulia, differed with the view of his colleague, Justice Hemant Gupta on many issues.

Justice Dhulia said that asking a pre university schoolgirl to take off her hijab at her school gate, is an invasion on her privacy and dignity.

"Asking a pre university schoolgirl to take off her hijab at her school gate, is an invasion on her privacy and dignity. It is an attack on their dignity, and then ultimately it is a denial to them of secular education. These are clearly violative of Article 19(1)(a), Article 21, and Article 25(1) of the Constitution of India," Justice Dhulia said, in his verdict.

"Under our Constitutional scheme, wearing a hijab should be simply a matter of Choice. It may or may not be a matter of essential religious practice, but it still is, a matter of conscience, belief, and expression. If she wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education," Justice Dhulia said, in his verdict.

Justice Dhulia even went onto say that the unfortunate fallout of the hijab restriction would be that we would have denied education to a girl child. A girl child for whom it is still not easy to reach her school gate.This case here, therefore, has also to be seen in the perspective of the challenges already faced by a girl child in reaching her school.

"The question this Court would put before itself is also whether we are making the life of a girl child any better by denying her education merely because she wears a hijab!," Justice Dhulia questioned?

Our Constitution has visualised a just society and it is for this reason that the first virtue that is secures for the citizens is ‘Justice’ which is the first of our Preambular promises, he said.

On the other hand, the judge heading the bench of the Supreme Court, Justice Hemant Gupta, differed with the view of Justice Sudhanshu Dhulia and said that the Government (Karnataka) Order cannot be said to be contrary to the State goal of promoting literacy and education as mandated under the Constitution.

"Article 21A is not applicable as all the students are over 14 years of age. The students have a right to education under Article 21, but not of insisting on wearing something additional to the uniform, in a secular school, as a part of their religion," Justice Gupta, heading the bench of the Top Court said.

"Secularism applicable to all citizens. Permitting one religious community to wear religious symbols would be antithesis of secularism. Govt Order can't be said to be against secularism or objective of Karnataka Education Act," Justice Gupta in his 133-page, out of 209-page, verdict said.

"It can't be said that State is restricting the access to education to the girl students through such an Order. The Government Order only ensures that the uniform prescribed is adhered to by the students and it cannot be said that State is restricting the access to education to the girl students through such an Order, Justice Gupta said.

He went on to say that the Act itself contemplates providing of opportunities and facilities in a healthy manner and maintaining the dignity of childhood and youth so that there is no moral or material abandonment. "The uniform for the students has been prescribed so that there is no distinction between the students coming from diverse background and that each student grows in an environment of equality, fairness and equal opportunities," Justice Gupta said.

The uniform is an equalizer of inequalities. Therefore, prescribing uniform for children at an impressionable age is not only important but has a salutary effect on the mental development of the child to grow in the environment of oneness, he said.

Justice Gupta, find that the following 11 questions arise for consideration in the present appeals:

Whether the appeals should be heard along with Kantaru Rajeevaru (Right to Religion) and/or should the present appeals be referred to the Constitution Bench.?

Whether the State Government could delegate its decision to implement the wearing of uniform by the College Development Committee or the Board of Management or otherwise on headscarves is ex facie violative of Section 143 of the Act?

What is ambit and scope of the right to freedom of ‘conscience’ and ‘religion’ under Article 25? What is the ambit and scope of essential religious practices under Article 25 of the Constitution?

UNI SM BAV GNK。

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