The Hijab Controversy?!

How did it begin?

The situation escalated last week when a group of hijab-wearing Muslim girls camped outside a college in the state’s Udupi district after the authorities shut gates on them. As soon as the video of their protests surfaced on the internet, there was a wave of solidarity from across the country with activists asking for a repeal of the ban.

But the college and the government did not heed the demands and it instead had a ripple effect, with several other colleges in the district imposing a ban on hijab after opposition from Hindu students and activists who donned saffron – a colour associated with Hinduism – scarves and shawls.

The hijab controversy, which erupted earlier this year after an educational institution barred hijab-wearing students from entering its premises.

The matter quickly snowballed into a national issue with violent protests breaking out across Karnataka. The BJP-led state government had to order closure of schools and colleges, and even imposed curfews for a few days as clashes between supporters of the hijab and right-wing outfits intensified.

The Karnataka government also banned both hijabs and saffron scarves, and said that till an expert committee decides on the issue, all students must adhere to the uniform. After this order, a batch of pleas were filed in the high court.

The country's 200 million Muslim minority community fear the ban on hijab violates their religious freedom guaranteed under India's constitution. The US ambassador-at-large for International Religious Freedom on Friday said the hijab ban would stigmatise and marginalise women and girls.

The dispute highlights the growing marginalisation of Muslims, as activists say the ban violates religious freedom.

A Muslim Student protesting for her Right.

WHAT QURAN SAYS ABOUT HIJAB?

Holy Quran

The Qur'an instructs both Muslim men and women to dress in a modest way, yet there is disagreement on how these instructions should be followed. The verses relating to dress use the terms khimār (veil) and jilbāb (a dress or cloak) rather than ḥijāb. Of the more than 6,000 verses in the Quran, about half a dozen refer specifically to the way a woman should dress and walk in public.

CHAPTER 33 VERSE 59(SURAH AHZAB)

O Prophet! Enjoin your wives, your daughters, and the believing women that they should cast their outer garments over their persons (when abroad): That is most convenient, that they may be distinguished and not be harassed.— Quran 33:59

CHAPTER 24 VERSES 30&31 (SURAH NOOR)

The clearest verses on the requirement of modest dress are Surah 24:30–31, telling men and women to dress modestly.

Say to the believing men that they cast down their looks and guard their private parts; that is purer for them; surely Allah is Aware of what they do. And say to the believing women that they should lower their gaze and guard their private parts; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their khimār over their breasts and not display their beauty except to their husband, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.— Quran 24:30 &31

Both men and women are commanded to lower their gaze and "guard their modesty".

The most basic interpretation of "guard their modesty" is to cover the private parts, which includes the chest in women ("draw their veils over their bosoms"). However, many scholars interpret this injunction in a more detailed way and use Hadith (recorded sayings of the Prophet Muhammad) to support their views.

Zeenah (ornaments) is another word with numerous meanings. It has been interpreted to mean body parts, beauty, fine clothes or literal ornaments like jewellery. (The same word is used in chapter 7:31 - "O Children of Adam! wear your beautiful apparel at every time and place of prayer...")

The jewellery interpretation is supported by the instruction to women not to stamp their feet to draw attention to themselves. It used to be the practice among Arabian women to wear ankle chains to attract men.

The word translated here as veils is khumur, plural of khimaar. According to scholars, the word khimaar has no other meaning than a type of cloth which covers the head. Muslim scholars point out that men's turbans are sometimes called khumur as well.

Women during the time of Muhammad did wear the khimaar, but would wear it tied behind so their neck and upper chest were visible. This verse is therefore an order that the khimaar now be drawn over the chest, so that the neck and chest were not bare.

According to most scholars, the khimaar is obligatory for Muslim women.

The phrase "what must ordinarily appear thereof" has been interpreted in many different ways. Among Muslims who take the word zeenah (ornaments) to refer to body parts, a popular interpretation of this phrase is that women should only show the body parts that are necessary for day-to-day tasks. This is usually taken to be the face and the hands.

Some scholars recommend hiding everything but the eyes. The style of burqa worn by Afghan women even hides the eyes. Muslims who oppose full concealment say that if Allah wanted women to hide their entire bodies, there would have been no need to tell male Muslims to lower their gaze.

But "what must ordinarily appear thereof" could be understood as meaning the parts of the body that are shown when wearing normal (modest) dress, with the definition of normal dress deliberately left up to the believers' particular time and culture. This could explain why the Qur'an is not more specific: if God had wanted to, he could have listed the acceptable body parts in as much detail as the list of exceptions to the rule.

Some scholars interpret "what must ordinarily appear thereof" to mean that if a woman exposes part of her body by accident, she will be forgiven. All agree that women will not be punished for breaking the rules if some emergency forces them to do so

WHAT HADITH SAYS ABOUT HIJAB?

Revelation of the verses of veiling

According to this hadith, one man (Umar ibn al-Khattab, later the second caliph) was able to bring about the commandment for the Prophet's wives to veil their faces.

Narrated 'Aisha: The wives of the Prophet used to go to Al-Manasi, a vast open place (near Baqia at Medina) to answer the call of nature at night. 'Umar used to say to the Prophet "Let your wives be veiled," but Allah's Apostle did not do so. One night Sauda bint Zam'a the wife of the Prophet went out at 'Isha' time and she was a tall lady. 'Umar addressed her and said, "I have recognized you, O Sauda." He said so, as he desired eagerly that the verses of Al-Hijab (the observing of veils by the Muslim women) may be revealed. So Allah revealed the verses of "Al-Hijab".-------Sahih Bukhari, Volume 1, Book 4, Number 148

Narrated Aisha (the Prophet's wife): Asma, daughter of Abu Bakr, entered upon the Apostle of Allah (peace be upon him) wearing thin clothes. The Apostle of Allah (peace be upon him) turned his attention from her. He said: 'O Asma, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to her face and hands.— Abu Dawud, Book 32, Number 4092

Narrated Aisha, Ummul Mu'minin: The Prophet (peace be upon him) said: Allah does not accept the prayer of a woman who has reached puberty unless she wears a veil.—Abu Dawud, Book 2, Number 0641

Husband and wife

There is no restriction on what a husband and wife may show to each other in private. The Qur'an encourages married couples to enjoy each other's bodies.

Individuals in private

Islam highly values modesty, so even when alone, men and women are recommended never to be completely naked and to cover from the navel to the knee. Exceptions do apply where necessary, for example taking a shower or going to the bathroom.

ARTICLE 25 OF THE INDIAN CONSTITUTION.

Article 25 in The Constitution Of India 1949

25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

Article 26 in The Constitution Of India 1949

26. Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law

Article 27 in The Constitution Of India 1949

27. Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religions denomination

Article 28 in The Constitution Of India 1949

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds

(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Rights

Article 29 in The Constitution Of India 1949

29. Protection of interests of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them

Article 30 in The Constitution Of India 1949

30. Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language

VOILATION OF ARTICLE 25 OF THE INDIAN CONSTITUTION.

"THOSE NOT WEARING HIJAB DO NOT BECOME SINNERS UNDER ISLAM" - KARNATAKA HIGH COURT

If somebody is to assert the exercise the right to freedom of religion. the court will have to see if this exercise affects public order,morality. whenever challenge comes before court, first test according to me, whether it comes against public order,morality or health-attorney general karnataka high court

Does the constitution give freedom to follow the Quran? look the arguments of the Attorney General in the Karnataka High Court ,not from the speech of any leader. And the time has come to make the talisman of Article 25 to 30.

 The cuetest thing after the hijab ban :"it's our fault ,we failed to convince the judge that the hijab is an integral part of islam"

they are more interested in studying islam than you are interested, it is another that Allah has kept their hearts away from the light of guidance. the rest of those people understand everything

CONCLUSION

India is the most diverse country with respect to religion. Being a secular country it does not have its own religion and every citizen has the right to choose, practice, propagate and even change his or her religion. However, these rights are not absolute but subject to certain restrictions provided by the constitution. No person in the name of religion can do any act that is opposed to the public policy or creating any kind of disturbances or intolerance among the people of India. But in the case of Hijab(Veil) Karnataka High court states that - |Hijab is not a integral part of islam. those not wearing hijab do not become sinners in islam

Hurt & Grievous Hurt: Things to know about  Section 319 & 320.

 Hurt

Hurt may be described as the bodily pain that is resulting from real contact with the frame by an aggravated assault. There’s no radical difference between assault and harm. Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.” The section does not outline the offence of inflicting harm. It defines best the time period hurt and does not describe the situations underneath which it can be brought on. 

To constitute any one or more of essentials of simple hurt must be present:

• Bodily Pain
• Infirmity to another
• Disease

Section 319. Hurt.- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Hurt means causing of pain, disease or infirmity by any person to another.Which Should not be caused by direct physical contact between the accused and the victim. Hurt must have been caused by some voluntary act of the accused. Causing of nervous shock or mental derangement by some voluntary act of the offender is covered by this action. The duration of the state of the mental infirmity is immaterial. Acts which or neither intended nor likely to cause death amount to hurt or grievous hurt according to the nature of the injury caused even though death has resulted therefrom 

Bodily Pain-

 Bodily Pain, except so slight a harm of which no person of ordinary sense or temper would complain of, is covered by the definition of hurt under the section 319 of the IPC,1860. 

Infirmity-

Infirmity means inability of an organ to perform its normal function which may either be temporary or permanent.Its denotes an unsound or unhealthy state of the body or mind; such as a state of temporary impairment or hysteria or terror. 

Section 321. Voluntarily Causing Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said: “voluntarily to cause hurt”.

Section323. Punishment for voluntarily causing hurt -323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Grievous hurt.

320. Grievous hurt.—The following kinds of hurt only are desig­nated as “grievous”:—

(First) — Emasculation.(Secondly) —Permanent privation of the sight of either eye.(Thirdly) — Permanent privation of the hearing of either ear,(Fourthly) —Privation of any member or joint.(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.(Sixthly) — Permanent disfiguration of the head or face.(Seventhly) —Fracture or dislocation of a bone or tooth.(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

(1) Emasculation: The first type of grievous hurt is depriving a person of his virility. This clause is confined to men and was inserted to counteract the practice commonplace in India for women to squeeze men’s testicles at the slightest provocation. Emasculation can be resulting from causing such harm to the scrotum of a person as has the effect of rendering him impotent. The impotency prompted ought to be permanent, and no longer simply temporary and curable. 

(2) Injuring eyesight: Some other injury of identical gravity is the permanent deprivation of the sight of either eye or of both the eyesight. Such harm has to have the effect of permanently depriving the injured of the usage of one or both of his eyes. The test of gravity is the permanency of the harm because it deprives a person of the usage of his sight and additionally disfigures him.

(3) Inflicting deafness: The everlasting deprivation of hearing of both ears is less serious than the above-mentioned harm as it does no longer disfigure a person, however handiest deprives him of using his ear. But, it’s serious damage depriving someone of his sense of listening to. The deafness has to be permanent to attract this provision. Such harm may be resulting from blow given on head, ear or the one’s elements of the head which speak with and injure the auditory nerves or with the aid of thrusting a stick into the ear or placing into ear a substance which reasons deafness.

(4) Loss of limb: Everlasting deprivation of any member or joint is some other grievous hurt, whereby a person is rendered much less able to guard himself or to harass his adversary. ‘member’ method not anything extra than an organ or a limb. ‘Joint’ refers to an area where two or more bones or muscle mass be a part of. Their permanent deprivation needs to involve such damage to them as makes them permanently stiff, so that they are not able to perform the everyday function assigned to the human body structure. 

(5) Impairing of a limb: The deprivation of a person to the use of member or joint includes lifelong crippling and makes a person defenceless and depressing. The provision speaks of destruction or permanent impairing of their powers, which might encompass no longer only overall however additionally a particular use of the limb or joint. Any permanent decrease of their utility would constitute grievous hurt. 

(6) Everlasting disfiguration of the pinnacle or face: ‘Disfigure’ means to do a person a few outside hurts which detract from his private look, but does not weaken him. Branding a ladies cheek with red warm iron, it leaves permanent scars, amounts to disfiguration. a cut at the bridge of the nostrils of a woman due to a sharp weapon has been held to be everlasting disfigurement despite the fact that the inner wall become intact. 

(7) Fracture or dislocation of a bone or teeth: It’s far every other species of grievous harm, which may additionally or may not be attended with everlasting disability. A fractured or dislocated bone may be set or rejoin, but on account of the extreme suffering to which it gives upward thrust, the harm is named as grievous. The number one means of the word fracture is ‘breaking’, though it isn’t always essential in case of fracture of the cranium bone that it should be divided into separate parts due to the fact it may consist simply of a crack; but if it is a crack, it must be a crack which extends from the outer floor of the skull to the inner surface. If there may be spoil with the aid of cutting or splintering of the bone or there is a break or gap in it, would add up to a crack inside the importance of clause 7 of Section 320. What must be seen is whether the cuts during the bones saw in the damage report are just shallow or do they impact a break in them. ‘Dislocation’ implies dislodging, being applied to a bone expelled from its typical associations with a neighbouring bone. A bone moved out of its attachment or put out of its joint is a disjoint bone. 

(8) Any hurt which risks life or which causes the victim to be during the time of days in severe bodily pain, or unable to follow his ordinary pursuits.

Section 321. Voluntarily Causing Grievous Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Cases on the Grievous Hurt.

State Of Gujarat vs Shankerji Chaturji And Ors. on 8 October, 1996

Sudhakar Naik And 13 Ors. vs State And 3 Ors. on 17 June, 1996

Y.P. Baiju vs State Of Kerala And Ors. on 30 October, 2007

Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 1947

Bheru Singh vs State Of Rajasthan And Ors. on 2 April, 2002

   

Difference Between Grievous Hurt and Hurt:

No	Hurt	Grievous hurt
1.	Definition: Hurt defined under Section 319 of  the Indian Penal Code- “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”	Definition: According to Section 320 of Indian Penal Code - The following kinds of hurt only are designated as "grievous" - First - Emasculation. Secondly - Permanent privation of the sight of either eye. Thirdly - Permanent privation of the hearing of either ear. Fourthly - Privation of any member or joint. Fifthly - Destruction or permanent impairing of the powers of any member or joint. Sixthly - Permanent disfiguration of the head or face. Seventhly - Fracture or dislocation of a bone or tooth. Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
2	The nature of Hurt is simple	The nature of Grievous hurt is grievous.
3	It Covers bodily pains disease or infirmity to any person	According to Section 320 there are eight kinds of hurt which are said grievous in nature.
4	The offence is non-cognizable, bailable and triable by any Magistrate	The offence is cognizable, bailable, compoundable with the permission of the Court before which any prosecution of such offence is pending and triable by any Magistrate .
5	Punishment : Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (Section 323 IPC)	Punishment : Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.(Section 325 IPC)