Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

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20 Sept 2022 10:15 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.

    A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.

    The SLPs have been filed against the judgment dated March 15 passed DAY 6by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

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    Live Updates

    • 20 Sept 2022 3:11 PM IST

      SG : Somebody's conception of a holy book can't become the only basis...some times it may be an offence as per law..that is why the Court has developed tests.

    • 20 Sept 2022 3:11 PM IST

      Justice Dhulia : They have said it is written in Quran and whatever written in Quran is farz..and it is not for us to decide...High Court went on a particular direction..

      SG : It could have been avoided.

    • 20 Sept 2022 3:10 PM IST

      SG : These are beliefs, all religions have these beliefs. They won't become essential religious practice. Hinduism, Christianity, all have beliefs of heaven or hell. People say they are god-fearing. Why should we fear God? We should love God.

    • 20 Sept 2022 3:09 PM IST

      Justice Gupta : But one verse of Quran is referred.

      SG : But that will not make it essential. It may become a permissible practice.

      J Gupta : Mr.Dhar argued that after death, when God asks, at that time, it will be counted if you have violated or not.

    • 20 Sept 2022 3:09 PM IST

      SG : Fourth, it was a non-arbitrary exercise of power making it religion neutral. Fifth, they went before Court claiming it to be an essential religious practice but could not establish as per the settled criteria. There were no assertions, pleadings..

    • 20 Sept 2022 3:08 PM IST

      SG : I will summarize my arguments. There is a statutory power to prescribe uniform. There is a statutory power in the Govt to issue direction to schools to ensure compliance with rules. There was a good and reasonable justification for exercise of that power.

    • 20 Sept 2022 3:07 PM IST

      SG says it is a decision of European Court of Human Rights in a case from France.

    • 20 Sept 2022 3:03 PM IST

      SG refers to a French case.

      Justice Dhulia : France is different. In France, there cannot be anything religious in public. Our secularism is different.

    • 20 Sept 2022 3:03 PM IST

      SG : They are not wearing hijab for health reasons.

      Justice Dhulia : So if students are covering their head for health reasons, you would not have any objection.

      Justice Gupta : In Karnataka the weather is not so harsh that they have to cover their heads.

    • 20 Sept 2022 3:02 PM IST

      Justice Gupta : In winter muffler may be necessary.

      AG says winter clothes are allowed.

      Justice Dhulia : If a cap of same uniform colour is allowed, why not hijab?

      SG : Cap is not against unity or equality.

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