Kamat says that the school argued that the Hindu girl had agreed to the school code, use of nose ring was not a popular practice, the ban on nose ring had no impact on her culture as she is free to wear it outside. Same arguments in Hijab case as well.
Kamat says that the Hindu girl pleaded in the Court that the practice of wearing nose ring was a part of long standing tradition in South India.
Kamat says the South African judgment was related to the claim of a Hindu girl from South India to wear a nose ring. The school did not permit. The school said it will lead to a "parade of horrible".
Kamat refers to another judgment of the constitutional court of South Africa.
Justice Dixit : This judgment is rendered in the light of the text of the Constitutional provisions. How they read?
Kamat says the judgment refers to the provisions.
Kamat :Here presuming that there is a uniform, somebody is asking for an exemption. It is the duty of state and school to accommodate and not punish.
Kamat says that the case pertained to Rastafarian followers who have to grow hair into dreadlocks.
Justice Dixit asks if those decisions are from theocratic states.
Kamat says they are from secular constitution. He refers to a South African judgment.
Kamat now responds to bench's query regarding judgments of foreign courts on Hijab.
Kamat : Your lordships Dixit cited the Upanishad (verse cited) the other day, that knowledge from all directions should be welcomed.
Kamat : It cannot be that by Education Act you can curb religious beliefs. Otherwise, it is a very dangerous proposition. State will say there is an Act and based on that we will curb somebody's freedom.
Kamat: To counter that, if somebody wears a shawl, you will have to show that is it a display of religious identity alone or is it something more. If it is sanctioned by Hinduism, by our Vedas or Upanishads then the court is duty bound to protect it.