Shoeb Alam - he says wants to clarify court's observation regarding whether circular is "law" under Article 19(2)- definition of law under 13 is wide, definition under 19(2) is narrow.
Ahmadi : I have referred to several letters of students who say that they are not allowed to enter or write exams.
Kar AG : This will cause us some prejudice as we don't know in what context.
J Gupta : We will go by established practice no fresh documents in rejoinder.
Ahmadi : I have referred to several letters of students who say that they are not allowed to enter or write exams.
Kar AG : This will cause us some prejudice as we don't know in what context.
J Gupta : We will go by established practice no fresh documents in rejoinder.
Ahmadi reads out from document of Karnataka State Commission for Protection of Child Rights.
Justice Gupta (in lighter vein) : If this Commisison has decided it is a violation of Article 15 and 21, then why should we hear?
Ahmadi : Your lordships had asked about evidence of drop out. I could get some documents from RTI which suggests, Karnataka State Commission for Protection of Child Rights on March 15 had written to the State that this will result in drop outs.
Ahmadi : If these girls get a good education, tomorrow they can take a decision on how to dress. Education itself is empowering. This stopping can result in they going back to other education which is not secular. Don't stop this at the threshold.
Ahmadi : We have a slogan "Beti bachao, beti padhao". Should it not be the priority of the state to ensure education of the girls rather than a misplaced priority on discipline which undermines autonomy and eventually results in denial of education?
Ahmadi : What does ultimately the State gain if these students are not emancipated?
Ahmadi : It is strange that the State which should be concerned about educating girls, is concerned more about discipline and is enforcing this which can lead to denying education to girls.
Ahmadi : Uniformity is confused as a fundamental duty. The judgments of this court emphasise on diversity. It is not shown hijab is impairing education or discipline.
Ahmadi : If someone says I have to have a religious prayer and class must be stopped, that is a good ground to prohibit that observance. But as far as #hijab is concerned, no such case shown.
Ahmadi : The argument was Article 25 is subject to Article 14. For that, you have to show someone else's fundamental rights are violated by someone wearing hijab.