Hijab Ban- Karnataka High Court Full Bench Hearing (Day 9)- 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.
During yesterday's hearing AG argued that petitioners have not shown that wearing hijab is an essential religious practice in Islam and thus, the protection under Article 25 of the Constitution is not available to them.
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Hearing ends.
To continue tomorrow .
Tahir submits that teachers are also asked to remove hijab.
CJ : The order applies to students only.
CJ : We are making it very clear, wherever whether it is degree college or under- graduate, where uniform is prescribed it has to be followed.
Tahir : This will create chaos in society.
Tahir submits that there cannot be an overnight resolution for uniform. Even the rule book the college says that they permit wearing headscarf.
AG: If somebody has violated the order, he has to bring into question that
AG : The institution is Bhandarkar College Udupi. They came before single bench and said they have passed a resolution prescribing uniform.
CJ : If uniform is prescribed it has to be followed by degree or PU College.
Tahir : There is no uniform in the college concerned.
CJ: Our order is clear, it only applies to institutions with uniform.
Tahir : Citing this order, all institutions are expelling students. Some clarification..
Adv Tahir mentions the application seeking clarification for degree college student.
AG says single bench has rejected interim relief saying Full Bench order applies.
Poovayya concludes.
CJ: I will request all intervenors to make written submissions. We do not need assistance, but since so many intervenors have come, we will request to give written submissions. We cannot hear this matter for six months.
Poovayya: Even assuming hijab is Essential Religious Practice, no religions is allowed inside the school. To ensure that it runs secularly, I am obligated to ensure that no religious symbols enters my school campus. I have that right.
Poovayya: To remove the discrimination, you may be rich or poor, Hindu or Muslim, you must wear the same uniform.