Hijab Ban- Karnataka High Court Full Bench Hearing (Day 9)- LIVE UPDATES
Srivatsa cites a shloka "Let noble thoughts come from everywhere".
Says European Courts have upheld decisions of States in restricting hijab.
Concludes his submissions.
Srivatsa refers to European Court of Human Rights judgments.
Justice Dixit: We have been saying that when malayasian court was referred, why should we travel so far?. Anyway we will look at this what you have submitted.
Srivatsa: In the present education, we are dealing with secular education within public institutions, therefore different consideration may arise.
Srivatsa: In India we have Article 25 (1) starts with a restructive clause. In America and Australia, the freedom is virtually unrestricted. There is an injunction against the State to not make laws on religious issues.
Naganand concludes.
Adv Raghavendra Srivatsa now makes submissions on applicability of foreign judgments.
CJ: We are on constitutional issues. Freedom of religion differs from country to country and we will consider that.
Naganand : This is a simple issue, let children come to school and don't wear the external symbols of religion. Now a right wing association of Hindus wants to wear saffron shawls. Tomorrow Muslim boys will want to wear skull cap. Where is this going to end?
Naganand : Let the drum beaters on the street not threaten the society. We are a harmonious society. In Udupi has the tradition of the Astha mathas being helped by Muslim families.
Naganand : There was an interesting case in this Court, where a well know Katchi Memon man, argued that wealth tax was not applicable to him as he is governed by law of Hindu Undivided Family.
Naganand says for Christians in Coorg, Hindu law provisions of succession were applicable.
"Does it mean that it is against essential religious practise?", he asks.
Naganand: Entire Mohammedan law which is based on shariyat and Holy Quran. But by virtue of adoption of certain practises, the court have held that certain traditional laws would not apply to certain classes of Mohammedans, and even provisions of Hindu law can apply to them