Dhar : Whatever is the commandment of Allah, which were revealed to Prophet, they are mandatory. Suras are mandatory.
Justice Dhulia : Farz?
Dhar : Right.
Dave : This affects millions of people, I want to show the Constituent Assembly Debates, show the warning of Sardar Patel, show the speeches of Dr.Ambedkar.
Dave : The State has not even filed a counter. They have taken the case for granted. In all cases, they seek time to file counter, though they have filed in HC. But when it suits them, they won't file counter.
Senior Advocate Abdul Majeed Dhar now makes submisisons.
Dhar says he is student of Quran as much he is a student of law.
Kothari says India has ratified by CEDAW.
Kothari says as per CEDAW can't take policies restricting women in public places.
She concludes
Dave says he won't be able to finish today. - This matters requires a serious attention. Firstly, this has to be referred to Constitution Bench. Please don't restrain on time, this is much more serious than uniform.
Kothari refers to the Convention on Elimination of All forms of Discrimination Against Women (CEDAW). Cites Article 2(c) (d) -
Kothari : It is not merely a religion based discrimination. It is also based a sex based discrimination. So it is sex plus religion we need to analyze in this context.
"discrimination caused by intersecting identities amplifies the violence against certain communities (gendered/religious/otherwise)" - Kothari quotes from the Patan Jamal Vali decision.
"intersectional analysis requires us to consider the distinct experience of a sub-set of women who exist at an intersection of varied identities"- Kothari quotes from the Patan Jamal Vali decision.
Kothari referst to judgment authored by Justice Chandrachud in Patan Jamal Vali vs State of AP, where intersectional discrimination has been discussed.
Kothari : It is not a case where all girls are discriminated or all Muslims are discriminated, but it is specifically affecting Muslim girls
Kothari refers to a Kenyan decision relating to a Rastafarian student who was asked to shave off his hair. Court held it was discriminiation.
Kothari : Here, it is both sex and religion. It is the Mulsim girls who are specifically affected by this, not others. So there is an intersection under 15(1).