Dalits warned against misuse of atrocity law, false complaints

Bengaluru, Apr 23: The Karnataka government on Wednesday promulgated 'The Karnataka Epidemic Diseases Ordinance 2020' that provides the state with a power to seal borders, restrict essential services and punish those attacking public servants and damaging public property.

The Ordinance comes after violence in Padarayanapura when the police and BBMP officials were attacked while they tried to take some secondary contacts of a deceased COVID-19 patient into quarantine on April 19.

The Ordinance, which was promulgated after the Centre's guidelines in this regard, said, "The offender shall be liable for a penalty of twice the value of public or private property damaged as determined by the Deputy Commissioner after an inquiry."

It further said that if the penalty is not paid by the offender, then the amount shall be recovered under provisions of the Karnataka Land Revenue Act, 1964. The Deputy Commissioner can even attach the property of such offender in due course.

Also, abetment of offence would attract imprisonment of up to two years and a penalty of Rs 10,000 or both.

"No person shall commit or attempt to commit or instigate, incite or otherwise abet the commission of offence to cause loss or damage to any public or private property in any area when restrictions and regulations are in force to contain any epidemic disease," the Ordinance said.

Whoever contravenes such provision shall be punished with imprisonment for a term which shall not be less than six months, but may extend to three years and with fine which may extend to Rs 50,000, it added.

On Wednesday, the Centre brought an Ordinance to end violence against health workers, making it a cognisable and non-bailable offence with imprisonment up to seven years for those found guilty.

"We have brought an Ordinance under which any attack on health workers will be a cognisable and non-bailable offence. In the case of grievous injuries, the accused can be sentenced from six months to seven years. They can be penalised from Rs 1 lakh to Rs 5 lakhs," Union Minister Prakash Javadekar briefed media after Cabinet meeting.

Javadekar said that an amendment will be made to the Epidemic Diseases Act, 1897 and ordinance will be implemented.
This comes amid nationwide lockdown in the wake of COVID-19.

In a development which highlights the diversity in the United Kingdom’s legal system, a 40-year-old Muslim woman has become the first hijab-wearing judge in the country.

Raffia Arshad, a barrister, was appointed a deputy district judge on the Midlands circuit last week after 17-year career in law.  

She said her promotion was great news for diversity in the world’s most respected legal system. She hopes to be an inspiration to young Muslims.

Ms Arshad, who grew up in Yorkshire, north England, has wanted to work in law since she was 11.

Ms Arshad said the judicial office was looking to promote diversity, but when they appointed her they did not know that she wore the hijab.

‘It’s definitely bigger than me,” she told Metro newspaper. "I know this is not about me.

"It’s important for all women, not just Muslim women, but it is particularly important for Muslim women."

Ms Arshad, a mother of three, has been practising private law dealing with children, forced marriage, female genital mutilation and other cases involving Islamic law for the past 17 years.

She was the first in her family to go to university and has also written a leading text on Islamic family law.

Although the promotion by the Lord Chief Justice was welcome news for her, Ms Arshad said the happiness from other people sharing the news was “far greater”.

“I’ve had so many emails from people, men and women," she said.

"It’s the ones from women that stand out, saying that they wear a hijab and thought they wouldn’t even be able to become a barrister, let alone a judge."

Ms Arshad is regularly the subject of discrimination in the courtroom because of her choice to wear the hijab.

She is sometimes mistaken for a court worker or a client.

Ms Arshad said that recently she was asked by an usher whether she was a client, an interpreter, and even if she were on work experience.

“I have nothing against the usher who said that but it reflects that as a society, even for somebody who works in the courts, there is still this prejudicial view that professionals at the top end don’t look like me,” she said.

A family member once advised her to not wear a hijab at an interview for a scholarship at the Inns of Court School of Law in 2001, warning that it would affect her chances of landing the role.

“I decided that I was going to wear my headscarf because for me it’s so important to accept the person for who they are," Ms Arshad said.

"And if I had to become a different person to pursue my profession, it’s not something I wanted.”

The joint heads of St Mary’s Family Law Chambers said they were “delighted” to hear the news of her appointment.

“Raffia has led the way for Muslim women to succeed in the law and at the bar, and has worked tirelessly to promote equality and diversity in the profession,” Vickie Hodges and Judy Claxton said.

“It is an appointment richly deserved and entirely on merit, and all at St Mary’s are proud of her and wish her every success.”