Hijab Ban- Karnataka High Court Full Bench Hearing (Day 8)- LIVE UPDATES
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab....
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.
The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.
On Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab. This arose in view of the AG's submission that the Government Order dated February 5, which has been challenged in the writ petitions, does not prescribe any ban on hijab and that it is only an "innocuous" order which asks students to follow the uniforms prescribed by their institutions.
"What is your stand?Whether hijab can be permitted in institutions or not?", the Chief Justice raised a pointed query.
"The operative portion of the GO leaves it to the institutions", the AG submitted.
"If institutions permit hijab, you have objections?", the CJ asked further
"If the institutions are to permit, we would possibly take a decision as and when the issue arises...", the AG responded.
"You have to take a stand", the CJI reiterated.
"My answer is that we have not prescribed anything. The Order , it gives complete autonomy to institution to decide uniform. Whether students be allowed to wear dress or apprarel which could be symbol of religion, the stand of the state is.. element of introducing religious dress should not be there in uniform. As a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment", the AG replied.
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Note : As regards the petition filed by Karnataka State Minorities Educational Institutions Management Federation, the AG submitted that State is not interfering with minority "unaided" institutions.
Bench says it will take up the petitions seeking clarifications of the interim order tomorrow.
Hearing ends for today. Bench disposes of the writ petition filed by Karnataka State Minorities Educational Institutions Management Federation recording the AG's statement that State is not interfering with minority institutions.
Nagananad : If a mosque is using loudspeaker for azaan at 5 AM in the morning, I might say, I respect your religion, but I don't want to be woken up. In the course of practicing your religion if you are coming in the way of others, where does the line lay?
Naganad: Wearing of headscarf is not Essential Religious Practice. I adopt what the Advocate General has said.
Naganad: If a policemen stops me, can I say you are stopping me from practising my religion.
Naganand: Praying five times a day which is prescribed in Islam for mohammedan, we respect it. Suppose I am riding a scooter and there is a mosque and there is an azaan should I stop in the middle of the road and start praying.
Nagananad : If you go back to history of Islam, it originated in Saudi Arabia, the conditions were harsh. Situation there was difficult. Essential to pray for 5 times. Today it is not possible for every Mohammedan to stop everything he is doing and go for prayer
Naganand: Wearing headscarf is a religious practise or it is cultural?
Naganand: What I am trying to say is that there is distinction between essential religious practice and cultural practise essential to religion.