Dhavan : Kendriya Vidyalayas permit the hijab. There is no justification given why they should be uniformity across the board.
Dhavan coming to the point of Essential Religious Practice : Reference is made to Abdullah Yusuf Ali, it is said both sides agree it is authoritative. We don't want your lordships to get there. We don't want your lordships to be maulvis or pandits.
Dhavan : The very foundation of the GO is built on false foundations
Dhavan says the GO then refers to a Bombay HC decision, adds it was a case regarding right to wear hijab in a all girls school. The next was a Madras decision on exam selection.
Dhavan : This is simply poking one aspect of the religon and saying, let us see if we can get this aspect of religion struck out by the Courts.
Dhavan : To answer Justice Dhulia's question, it is not a standard to abolish hijab.
Justice Dhulia : The question was, it started only in one school?
Dhavan : Then it spread to other schools. The point is across India and across Muslim and non-Muslim world, hijab is permitted
Dhavan : In Kenya, an attempt was made to abolish hijab and the High Court of Kenya took the view it was unconstitutional. This is a matter for your lordships to decide on gender and religious rights.
Dhavan : In certain states, for example State of Kerala has taken a view that hijab is farz. Across India, across the world, hijab is recognized as valid. English decision specifically permit scarf.
Dhavan : In Sept 2021, the students were heckled and were discriminated against. Principal refused to meet the parents. Representation was made.
Justice Dhulia : Is it happening in only one school.
Dhavan refers to Govt of Karnataka guidelines of July 2021 - No uniform is mandated in PUC, if any institution enforces it, Dept will take strict action.
So the position in July 2021 was that hijab was permissible.
Dhavan : My client is in Pre University, she has won Karate championships, weairng hijab..
Dhavan gives the chronology of events.