Kothari : Under Art 15(1), discrimination of religion does not require a threshold as high as essential religious practice. Merely if a person is disadvantaged on the ground of religion, that is sufficient for Article 15(1).
Kothari : My argument is by virtue of not being allowed to hijab, whether or not it is an essential practice, we don't need to go to that threshold at all, they are discriminated.
Kothari refers to a UK decision relating to a Sikh girl who wanted to wear a kara.
Jayna Kothari : I am specifically on Article 15(1), intersectional discrimination on grounds of both sex and religion.
Justice Dhulia : Dr.Dhawan has argued this.
Kothari : Yes, I will develop it.
Justice Gupta : We will give Mr.Dave 30 mins.
Dave : I won't be able to finish within 30 mins, with du respect. It is a very serious matter.
Bench says then it will allow Jayna Kothari to start.
Justice Gupta : We will give Mr.Dave 30 mins.
Dave : I won't be able to finish within 30 mins, with du respect. It is a very serious matter.
Bench says then it will allow Jayna Kothari to start.
Hijab matter taken.
Sr Adv Jayna Kothari seeks 15 mins time before Senior Adv Dushyant Dave.
Bench says let Dave start.