Kamat says there is a divergence of views between Karnataka, Kerala and Madras High Court judgments on whether hijab is an essential religous practice.
Kamat : Madras and Kerala have held it is essential, Karnataka has differed. Your lordships may have to settle it.
Kamat : High Court fell into the Constitutional error of first going to decide if Hijab is an essential practice, without deciding if GO can be a restriction.
Justice Dhulia : According to you, essential religious practice is not to be seen?
Kamat : I say at the second stage. First see if there is a valid constitutional restriction, then only the question of ERP arises.
Kamat : He has right to conscience. But a person may follow some diktats of religion out of belief and some other diktats out of conscience.
Kamat refers to UN docs stating interlink between religion and conscience.
Kamat : Ghanshyam Upadhyay is the only member who spoke of conscience. He says nothing definite. High Court says CAD has discussed.
Kamat : The only other place where conscience is discussed is on the draft Article of present day Article 32.
Kamat : CAD does not take anywhere to the conclusion that religion and conscience is different.
Justice Dhulia : There may be a person who may not believe in any religion. What about him?
Kamat : Every member in the Constituent Assembly Debate may have said something. We can't say everything said in CAD as gospel truth. What Dr.Ambedkar said may have somer relevance .
Kamat : High Court has gone into a dangerous territory of separating conscience from religion. We have gone beyond the stage of seeing rights separately. The law has developed that all rights are interlinked.
Kamat : People carry photos of Rama or Krishna. I do. It gives a sense of confidence. Is it religion or concscience? It is not something ordained in the scriptures.
Kamat : Hindu religion provides for 16 forms of puja. Today somebody lights a diya, is it freedom of religion or conscience.
Kamat : I have placed the entire Constituent Assembly Debates. There is not a single word by Dr.Ambedkar on distinction between conscience and religion. He may have said elsewhere but not in CAD.
Kamat : High Court says I have not said how I have developed the conscience to wear hijab. I have averred in the petition. High Court says freedom of conscience is distinct with religion and quotes Dr.Ambedkar in CAD. Totally wrong.