Alam explaining why Essential Religious Practice had to be argued before HC. He says Karnataka HC GO made a statement that hijab was not an essential practice, after referring to certain judgments and hence the need to argue this point arose.
Arora concludes
Adv Thulasi Raj seeks to make arguments. Justice Gupta tells her that there are other senior advocates.
J Gupta turns to Sr Adv Colin Gonsalves. Gonsalves says let Adv Shoeb Alam argue first.
Arora referring to Kenyan decision- where a Christian school objected to allowing hijab in school. Court approved hijab, saying it was an affirmation of diversity.
Arora : What the Kenyan court adopted was the principle of religious accommodation.
Arora : The Scotland decision allowing wearing of kara is also based on the principle of religious accommodation.
Arora : We had argued on convention on child rights, but there was nothing in the HC judgment on that. This is not to put down the High Court or anything. But sometimes when we argue, the case takes a particular turn, and some sections are given a disproportionate attention
Arora : Why I refer to other jurisdictions? Just as we Hindus are a majority in our country and minority elsewhere, wherever we are a minority we carry our practices. The judgment of South Africa on nose pin was based on principle of religious accommodation.
Arora : We had argued on convention on child rights, but there was nothing in the HC judgment on that. This is not to put down the High Court or anything. But sometimes when we argue, the case takes a particular turn, and some sections are given a disproportionate attention
Arora : When a large number of courts across the world, and a large segment of population across the world across the world recognizes hijab, who are we to reinvent the world and say it is not an essential practice. We are in a global village, not living in isolation.
Arora : When large number of people believe in hijab, it is not called for to determine if it is an essential practice.
Justice Dhulia : It was you who made the argument before the High Court.
Arora : Sometimes we make mistakes.
J Gupta : Your writ petition was based on it
Arora on Essnetial Religious Practice : The second largest religion in the world is Islam. Across the countries, most practice Islam recognize the wearing of hijab as a part of their religious and cultural practice.
Arora : The Kendriya Vidyalayas allow the wearing of hijab.
Justice Gupta : Mr.Kamat has referred to it.
Arora : UN Committee has found that banning of hijab is violation of the Convention. I wish to place that statement before the Court.