Kamat says that allowing hijab wearing students to sit separately is a form of "religious aparthied" and "untouchability is not fully abolished"
Kamat : I was about to cite the judgment. Brown v Board of Education.
Kamat submits that yesterday the hijab wearing girls were allowed to enter inside but were made to sit in a separate hall.
Justice Dixit : Is it like that American case, separate but equal?
Kamat : In schools, somebody wears a nama, somebody a hijab, somebody a cross, that is a reflection of positive secularism.
Kamat : We follow the path of "positive secularism" where the State creates an environment where we respect practice of all religions.
Kamat says that some foreign jurisdictions follow the concept of "negative secularism" which does not permit the display of religious identity in public. But, in India "positive secularism" is followed.
Kamat refers to Justice Chandrachud's judgment in a case which reversed a ban on movie which was imposed citing public order.
"Freedom is not a supplicant to power", Kamat reads from the judgment.
Kamat : A girl going to school wearing head scarf, how can it be a public order issue ?
Kamat : We can understand in cases like the Ananda Margis, your lordships are aware...
Justice Dixit : Yes, where they wanted to do Shiv Tandav in public road carrying skulls ..
Kamat : So if goons are creating a disturbance, it is the duty of the State to ensure that the rights of these girls to go to school are protected.