ASG : Otherwise what happens is that there will be discrimination on the basis of religion in a secular institution. Today one person says it is my right to wear hijab. Another person will say he wants to wear shawl. Another person will want something else.
Justice Dhulia : Equal protection of law means different thing.
ASG : Equal protection of law is not treating differently. No separate law for separate religions.
Justice Gupta : In other words, you say there is no classification among the students.
Justice Dhulia : It also says "equal protection of law".
ASG : All are given equal protection of law. Somebody is not treated separately. Students as a whole has been made a class. Religion is a dividing factor. Students have been put together as a single class.
ASG : So Article 14 is protected here. What has been done by a positive State action is to promote Article 14.
Justice Dhulia : You are implementing Article 14?
ASG. :Absolutely.
Justice Dhulia : Please read Article 14.
ASG : In schools, uniforms are prescribed to treat all students equally. So Article 14 steps. All communities are treated equally. That is the most appropriate. What is done by State is, all of you are equal, all of you must come in uniform irrespective of your religion.
ASG : What is guaranteed under Article 25 is right which individual can exercise subject to public order, morality and health and subject to other rights under part 3.
Justice Gupta : Which other right would be relevant?
ASG : Article 14.
Justice Gupta : So in short you have said comply with uniform rule.
ASG : We have neither prohibited nor promoted any religious activity. We are very clear and conscious of the fact that classification on the basis of religion is impermissible in institutions.
Matter resumes. Addl Solicitor General KM Nataraj now arguing for State of Karnataka.
ASG : Much hue and cry is made that hijab is banned. Let me make it very clear. State has not banned hijab and it was never the intention. State has only prescribed uniform which is religion neutral.
AG concludes. Bench rises for lunch break. Hearing to resume at 2 PM.
Kar AG : The other side made many uncharitable, or unnecessary arguments that State has targeted a particular community. I deny with all vehemance. The State runs several welfare programs for minority groups. I leave it at that.