Gonsalves : High Court says fundamental rights of citizen will not apply in a qualified public space and only derivative rights will apply. Judges are evolving a new principle of constitutonal jurisprudence.
Gonsalves : The High Court's judgment is not respectful of the minority community. It was a one-sided approach. Judgment should be set aside and sent back to a different bench of the High Court.
Gonsalves : Dr.Ambedkar's statement, he is a pillar, is an offensive statement. It is a statement which should not be repeated in India, great that he is.
Gonsalves : Linking hijab with sectarianims, wearing hijab with divisive lines..so the hijab divides, hijab could breed indiscipline, social unrest? This is the language of judgment. This is not a judgment which should pass the muster
Gonsalves : Linking hijab to disorder and chaos, and sectarianism.
Justice Dhulia : This was said in the context of what Dr. Ambedkar observed.. you can't read a judgment like a statute.
Gonsalves refers to HC observations that Hijab is not a religious practice and not a cultural practice, and that one cannot have scientific temper if you wear hijab. Hurtful statement.
Gonsalves refers to HC observations that insistence on wearing hijab is against emancipation of women. "Hurtful statement".
"If I wear hijab, I can't have scientific temper or emancipation of women. Hurtful statements".
Gonsalves : There are startling paragraphs, hurting paragraphs in the judgment.
Justice Gupta : We have seen your written statements, point taken.
Gonsalves : The judgment of the High Court is basicall from the perception of the majority community where the minority view is seen very partially. It is a majoritarian judgment. It does not have the Constitutional independence.
Gonsalves : The question is if the practice is genuinely or conscientiously held as part of profession of religion and not whether it is essential or not. This is the test. That's all.
Gonsalves : The question to be asked is not whether few girls were wearing or not. The question is if Hijab is a practice of Islam, and of course it is. Millions of girls wear it. They feel it essential.
Gonsalves : It may not be essential in the sense you are excommunicated if you don't follow. But the fact is it is followed widely.
Gonsalves : Kenyan judgment applies on all fours to our case. Second mistake, HC says no pleading regarding hijab. It is not necessary. Millions of girls in India are following from time memorial. No pleading at all is necessary.
Justice Gupta : Court decides based on the case set up. The case was it was an essential religious practice. The High Court has gone into that fact. The question of pleading was on whether these girls were wearing hijab prior to the controversy.