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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 |           　　夏季和初秋正是户外活动的好时节，不少人在逛公园、爬山或经过绿化带时，突然感觉皮肤出现针刺样剧烈刺痛——你可能不小心招惹到了“洋辣子”!      　　什么是“洋辣子”?      　　“洋辣子”并非特指某一个物种，而是昆虫纲鳞翅目刺蛾科幼虫的通俗称呼。    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。

B | 刺蛾科昆虫在全球广泛分布，截至2025年，全世界已记述种类逾1000种，我国已知264种。

C | 在不同地区，它们还有“吧唧毛”“白刺毛”“绊脚子”“炸辣子”“刺毛虫”等叫法。

D | “洋辣子”遍布全国大部分地区，其中华东、华中和华北地区种群密度较高，人与“洋辣子”接触机会更多，是蜇伤的高发区域。

E |      　　“洋辣子”体形扁平，头小可缩入前胸，无腹足，依靠腹部吸盘状结构滑行。其上生有枝刺和毒毛，具有黄、绿、蓝或红绿相间等鲜艳的警戒色，仿佛告诉大家：“我不好惹，离我远点。”它们食性广泛，常栖息于苹果、梨、海棠等蔷薇科植物，以及梧桐、杨树、柳树、榆树、枣树、核桃等多种林木和果树上。这种小虫子的刺毛为什么会引起强烈的疼痛?下面从致伤原理到正确处理方法一一说明。

F |      　　被“洋辣子”蜇了为什么特别疼?      　　被“洋辣子”蜇到后，接触部位通常会在短时间内出现明显的针刺样疼痛和烧灼感，还可能伴有红斑、瘙痒或局部肿胀。

G | 因蜇伤后火辣辣的刺痛感犹如被辣椒水灼伤，民间形象地称其为“洋辣子”。

H |      　　需要注意的是，蜇伤的疼痛程度与皮肤表现可能并不完全一致，有时皮肤损伤并不明显，疼痛却十分强烈。这种疼痛与刺蛾幼虫的防御结构有关：“洋辣子”体表的刺毛或棘刺接触皮肤后，部分细小刺毛可能刺入或残留在皮肤中，并释放毒液，引起机械刺激、神经刺激、局部炎症反应或过敏反应。

I |      　　不同种类“洋辣子”的毒液成分并不完全相同，现有研究发现其中可能含有组胺、激肽样肽以及多种蛋白质或肽类毒素。症状持续时间也与其种类、接触面积、毒刺数量和个人反应而异，疼痛可持续数分钟至数小时，红斑、瘙痒或肿胀有时可延续数日。

J |      　　被“洋辣子”蜇伤如何处理?      　　被“洋辣子”蜇伤后，首要原则是尽快去除残留刺毛，同时避免揉搓导致进一步刺激。     　　若虫体仍在皮肤上，应使用镊子或小棍将其移开，不要徒手抓取或挤压。对于残留在皮肤表面的微小刺毛，可将透明胶带或医用胶布轻贴在接触部位后揭下，每次更换新的胶带重复操作，直至无明显刺毛被粘出;随后用肥皂和流动清水轻柔清洗患处，以清除残留刺毛、毒液和污染物。

K |      　　若局部疼痛或肿胀可用毛巾包裹冰袋进行间歇冷敷，注意不要让冰块直接接触皮肤。如疼痛、红斑或瘙痒持续或加重，可在医生或药师指导下使用止痛药、抗组胺药或外用抗炎药物。     　　若毒毛进入眼睛，切勿揉眼，应立即前往眼科就诊，由专业人员检查并取出异物。     　　若出现全身大片皮疹、口唇或咽喉肿胀、胸闷、气短、喘鸣、呼吸困难、头晕或意识异常，应立即呼叫急救并尽快就医。

L |      　　“洋辣子”每年一般发生两代，其健康危害高峰与幼虫孵化期密切相关，因此每年7月至9月是“洋辣子”蜇伤的高发期。台风、暴雨等天气会破坏其栖息环境，导致幼虫大量掉落地面，增加接触和蜇伤风险。     　　在绿化带、果树或已发现虫害的树木附近活动时，建议佩戴帽子并穿长衣长裤;教育儿童不要随意抓取外形鲜艳、体表带毛或带刺的虫子;修剪或处理可能有“洋辣子”栖息的植物时，佩戴手套并在操作结束后及时清洗暴露的皮肤和接触过植物的衣物。

M |

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