Hijab Ban In Karnataka- Supreme Court Hearing- Day-2 -LIVE UPDATES

Update: 2022-09-07 07:47 GMT
Live Updates - Page 8
2022-09-07 08:47 GMT

Kamat : The long and short of the argument of the other side is you excercise the right outside the school. This argument came to be rejected in the Bijoe Emmanual case.

J Gupta : The national anthem case!

Kamat : Yes, and in that case, the petitioners were on a weaker footing

2022-09-07 08:46 GMT

Kamat : Whether a student citizen is expected to surrender her fundamental rights under Article 19,21 and 25 as a pre-condition to access education?

2022-09-07 08:45 GMT

Kamat : The judgments are in the context of fundamental rights in disability rights issue. But the reasonable accommodation principle comes from jurisdictions of America and South Africa, which I will place.

2022-09-07 08:45 GMT

Kamat : Principle of reasonable accommodation has received your lordships imprimatur in many judgments. 

2022-09-07 08:44 GMT

Kamat refers to House of Lords judgment which did not allow jilbab, as school has provided reasonable accommodation of headscarf.

"The question is whether a particular dress is a reasonable accommodation", Kamat.

2022-09-07 08:43 GMT

Kamat : It is a case of headscarf, it is not a burqa or jilbab..they are different.

Justice Gupta : Burqa covers from head to toe. What is jilbab?

Kamat : Jilbab is an Urdu word. There is an interesting judgment of house of lords judgment.

2022-09-07 08:42 GMT

Kamat : I am not challenging the prescription of uniform. Your lordships are right, can anybody turn up in a jeans? I respectfully bow down. I do not challenge the uniform. The challenge is against the State saying it will not allow student to wear hijab despite wearing uniform.

2022-09-07 08:41 GMT

Kamat : This is not a matter which is simply a violation of a statute or a rule. This involves a primary question as to whether the State has failed in its obligation to provide for reasonable accommodation for a student's rights under Articles 19, 21 and 25.

2022-09-07 08:41 GMT

Kamat : My endeavour will be to persuade your lordships to refer the matter to constitution bench under Article 145(3) of the Constitution.

2022-09-07 08:40 GMT

Senior Advocate Devadatt Kamat appearing in the lead petition Aishat Shifa versus State of Karnataka.

Kamat says Dr. Rajeev Dhawan is unwell and he will cover his arguments.

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