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 3:01 PM IST

      Justice Dhulia : So anything more than uniform is not permitted? But somebody may need spectacle due to poor vision.

      SG : Spectacles are not part of religion.

      Justice Dhulia : What about muffler?

      SG : If it does not show your religion, why not? But not a skull cap.

    • 20 Sept 2022 3:01 PM IST

      SG : Suppose the uniform says short pants and if it can't be worn without belt, may be...uniform means uniform.

    • 20 Sept 2022 2:59 PM IST

      Justice Gupta : So you are saying uniform means uniform with no addition or subtraction...so what about a belt?

    • 20 Sept 2022 2:58 PM IST

      SG : There cannot be dress showing religious identity when I am in a secular education..suppose Bar Council of India tomorrow prohibits wearing of tilak is not allowed, it will have to go. And tilak is not part of essential religious practice.

    • 20 Sept 2022 2:56 PM IST

      SG : Level of discipline cannot vary from individual to individual..and this is for uniformity not harming anyone.

      Justice Dhulia : They are not saying they are not wearing uniform...for example a child may wear mufler.

    • 20 Sept 2022 2:55 PM IST

      SG refers to a US decision regarding restrictions on growing hair in police forces.

      Justice Gupta : We have a parallel decision, of the airman not being allowed to wear beard. But the level of discipline in armed forces is different from the one expected from students.

    • 20 Sept 2022 2:50 PM IST

      SG refers to a decision of US Supreme Court - SG says these decisions are mentioned in an article written by him in 2020 when instances of lawyers appearing in casual dress in VC hearings occurred. SG says during free time then, he researched on the law on the issue &found these.

    • 20 Sept 2022 2:44 PM IST

      SG refers to a US decision- A lawyer comes to court wearing a cap saying it is part of operation thunderstorm, judge takes objection. Court held restriction in such a regulated forum will be upheld if it is reasonable and view point -neutral.

    • 20 Sept 2022 2:43 PM IST

      SG addressing 19(1)(a) argument of petitioner that hijab is part of expression - 

    • 20 Sept 2022 2:40 PM IST

      SG : There are Constitutionally Islamic countries where women are fighting against hijab.

      Justice Dhulia : Which country?

      SG : Iran. So it is not an essential religious practice. Mention in Quran will not make it essential, it may be a permissible or ideal practice.

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