Kumar : Here it is full of prejudice because of the religion. No notice, straight away sent out of the classroom, by persons without authority under the Act or rules.
Kumar : We are not permitted, we are not heard but punished straight away. Can it be more draconian? Can they be called teachers?
Justice Dixit : Even if a person belonging to another community, a lady belonging to another community, suffers from acacia, and to minimize the ugliness, she wears the headgear and comes to the school, she will not be permitted.
Kumar : She can apply for exemption. That analogy may not be applicable here. It is a humanitarian case which will be considered
Kumar : No other religious symbol is considered in the impugned Govt Order. Why only hijab? Is it not because of their religion? Discrimination against Muslim girls is purely on the basis of religion and hence a hostile discrimination.
Kumar refers to AIR 1964 page 1208
Kumar refers to AIR 1953 Supreme Court, 384 which declared communal electorates as void.
Kumar : Why only this, why not the turban of a sikh, the cross of the Christians?
Chief Justice : You are saying Article 15 prohibits discrimination on the basis of religion. But this saying wearing of the headdress of all religions is banned.
Kumar : Hijab is worn only by Muslims. Ghoongats are permitted. Bangles are permitted.
Kumar : This is only because only of her religion that petitioner is being sent out of the classroom. A bindi wearing girl is not sent out ,a bangle wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is violation of Art 15.
Chief Justice : Alright. We have taken note of this.