Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...
Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.
A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.
FOLLOW LIVE UPDATES OF TODAY'S HEARING HERE:
Bench concludes arguments for today.
To continue tomorrow.
Kar AG Navadgi: Protecting every aspect of religion becomes practically impossible. Therefore, the theory of essential religious practice was evolved.
Justice Gupta : In Shirur Mutt, they rejected the Attorney General's essential religious practice.
Kar AG shows a sentence from Shirur Mutt -what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.
Kar AG : An impression was given to your lordships that Shirur Mutt said protect every religious practice. But a close reading of it shows the concept of essential religious practise originated in Shirur Mutt case and was repeated in Durgah committee.
Kar AG : State can regulate secular activities related with religion but not religion itself.
Shirur Mutt say you find the answers in religion itself, it did not say you cannot go to Court.
AG : There is a distinction between religious matters and social political and economic matters associated with religious matter which State can regulate. State cannot say for example what pooja to be performed, but can regulate administration...
AG : Shirur Mutt does not say court cannot go into essential religious practice question.
SG concludes. Karnataka Advocate General now making submissions.
AG says there is no conflict between Shirur Mutt and Durgah committee.
Justice Gupta : Bench has noted.
SG : For me this is not a matter of religion at all, this is a matter of uniform conduct among all students.
SG : This occasion will arise if somebody goes to Court saying it is my essential practice. But the Court will decide based on constitution..
Justice Dhulia : But that has not been done in the case, you agreed to that candidly.