Chief Justice asks since when the students have been wearing hijab?
Kamat : I am grateful for this question. The students were wearing the head scarf since admission. They have been wearing for past two years. It is our pleaded case.
Kamat : ...then such a right should be protected. Therefore the test of religious practice will not arise.
Kamat : What the Court says is weighty. If here is a practice which the believer thinks is part of his faith & that practice by itself is innocuous, which does not by itself violate public order, or infringes anyones freedom...
Kamat continues reading the judgment.
He says HC held that even if there is a different point of view, the right should be protected if it has a foundation of faith and does not infringe anybody else's freedom.
Kamat : I am citing all these verses and there is a controversy. That I being a Hindu am citing all these. I am a lawyer and assisting this Court. Your Lordships are right, media should be responsible in reporting.
Chief Justice : What is "Khumur"?
Kamat: It is head cover, which covers the hair on the head.
CJ : Does it mean hijab?
Kamat : I'm grateful.
Kamat quotes Verse 31 of Chapter 24.
This Court has to examine the dress code prescribed for women in Islam and; such prescription is an essential part of the religion or not; and if it forms part of essential religious practice, can it be regulated under Article 25(1) : Kamat quotes form Kerala HC judgment.
The whole idea of Quranic injunctions and Hadiths is to reduce the rights and obligations to formulate certain standards of behaviour of individuals in his conduct in obedience to the commands of the God : Kamat quotes from Kerala HC judgment.
Kamat now refers to the Kerala HC judgment in the AIPMT case which allowed wearing of Hijab for entrance test holding it to be an essential religious practice.