Dhawan: It was suggested that scarf of the same colour of uniform could be worn. Even in this court some women are wearing. Now in class rooms can they asked be to removed it?
Dhawan : The decision of Supreme Court will be looked at all over the world. Hijab is worn in many civilization and what the Indian Supreme Court says will have a momentous importance.
Justice Gupta: Our Preamble says ours is a secular country. In a secular country can you say that a religious clothing has to be worn in a govt run institution?This can be an argument.
Dhawan : Here the question is of millions of girls who adhere to the uniform but also insist to wear the hijab.
Justice Gupta : Pagdi is different, it was worn in royal states. It is not religious. My grandfather used to wear it while practicing law. Don't equate it with religion.
Dhawan : The question is if a dress code can be imposed. In Supreme Court,we have judges wearing tilak, in Court 2 there is a picture of a judge wearing a pagdi.
Justice Gupta : Mr.Dhavan, the question can be modulated differently. It may or may not be an essential practice. But if the Govt can regulate the dress code. Preamble says our country is a secular country.
Sr Adv Rajeev Dhawan : As per Article 145(3), a constitutional issue must be referred to constitution bench. There are large number of women, and the question is whether they should yield to the dress code or govt and whether it is essential religious practice.
Justice Gupta : How much time each counsel will take, so that we can modulate?
Hegde : I am good for today.
One counsel informs the bench that some of the petitions are filed against the interim order passed by the High Court.
Bench says it will dispose of those petitions as infructuous.