Justice Dhulia : You read the last line of that para(Bijoe Emmanuel).
Kamat : "If the belief is genuinely and conscientiously held it attracts the protection of Art. 25 but subject, of course, to the inhibitions contained therein".
Kamat : High Court says Hijab offends constitutional morality and offends equality principles. These are alien to judicial consideration.
"The question is not whether a particular religious belief or practice appeals to our reason or sentiment but whether the belief is genuinely & conscientiously held as part of practice of religion. Our personal views and reactions are irrelevant"- Kamat quotes from Bijoe Emmanuel
Kamat : It was my case that I was wearing this (Hijab) throughout until some nationalist woke up and made an issue.
Kamat takes the bench through the Bijoe Emmanuel decision.
Kamat refers to the circular for Kendriya Vidyalayas and says head scarf with matching colour of uniform for girls is allowed.
Kamat : It makes a reasonable accommodation for Muslim girls to wear head scarf.
Kamat : And the Kendriya Vidyalayas, under the Central Government, allow hijab. This was placed before the High Court. But HC said Central Government is different from State Govt. And this practice(in KV) is in vogue even today.
Kamat says the petitioner is present in court : Does the head scarf offend anyone? Does the headscarf of the same uniform colour cause any indiscipline?
Justice Dhulia : In that case, judgment was by Justice Chinnappa Reddy, it was held that there was no insult to national anthem, as the students stood up. Then it touched upon tolerance. It is on a different footing.
Kamat : If the other side's argument is to be accepted, the Supreme Court should have shunted out the students (in Biijoe Emmanual case) saying keep religion out of school. But the Court went on to examine the school argument.