Hijab Ban In Karnataka- Supreme Court Hearing- Day-2 -LIVE UPDATES

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7 Sept 2022 1:17 PM IST

  • Hijab Ban In Karnataka- Supreme Court Hearing- Day-2 -LIVE UPDATES

    Supreme Court will continue the hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on the wearing of Hijab by Muslim girl students in some schools and colleges in the State. A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear the matterIn the last hearing of the matter, the main arguments were started by Senior Advocate...

    Supreme Court will continue the hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on the wearing of Hijab by Muslim girl students in some schools and colleges in the State.

    A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear the matter

    In the last hearing of the matter, the main arguments were started by Senior Advocate Sanjay Hegde who stated that the Court did not need to go into the broader questions in the case, as it could be decided solely on the narrow point of whether the State Government had the power under the Karnataka Education Act, 1983 to prescribe the uniform. The arguments raised by Senior Advocate Hegde in the last hearings included a woman's right to elect to dress modestly, that scarf was already a part of uniform as a Chunni was permitted to be worn and; that the government did not have the power to prescribe uniform. Per contra, the Additional Solicitor General, K.M. Nataraj, appearing for the State of Karnataka had stated that the issue was very limited, and pertained to discipline in school alone. The Advocate General of Karnataka, Prabhuling Navadgi had also submitted that there was no government interference in the matter and the decision of permitting students to wear Hijab had been left to the College Development Councils.

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    • 7 Sept 2022 3:41 PM IST

      Kamat : High Court gave the example of prisons and says prisoners have no fundamental rights. I am amazed. High Court says once you go to school you are in the "custody" of teachers.

      AG interrupts.

    • 7 Sept 2022 3:40 PM IST

      Kamat : High Court quoted Dr.Ambedkar's observations on purdah. Purdah and Hijab are different. High Court saying this in a judicial review I cannot understand. This violates decisional autonomy.

    • 7 Sept 2022 3:40 PM IST

      Kamat : High Court says hijab is against constitutional morality. With due respect, it is her choice. I may not personally agree with it. But it is her decision.

    • 7 Sept 2022 3:40 PM IST

      Kamat : High Court said forcing a girl to wear hijab will militate against Article 14. Nobody is forcing a girl to wear a hijab. The question is if a girl is wearing a hijab out of choice, can it be prohibited.

    • 7 Sept 2022 3:37 PM IST

      Kamat : Whether the wearing of headscarf matching the colour of uniform is offending any one else's fundamental rights or legitimate state interest so as to warrant the State issuing the GO?

    • 7 Sept 2022 3:33 PM IST

      Kamat : During arguments, Advocate General conceded that the GO is not based on public order. It is there in YouTube, I can place the transcripts. Then ground of morality. If I wear a headscarf, whose morality is offended?

    • 7 Sept 2022 3:33 PM IST

      Kamat says grounds mentioned in Article 19(2) can't apply to #hijab situation. 

    • 7 Sept 2022 3:32 PM IST

      Kamat : Question is wearing of this additional dress as part of Article 19, can it be restricted?

    • 7 Sept 2022 3:30 PM IST

      Justice Gupta : You can't take it to illogical ends. Right to dress will include right to undress also?

      Kamat : Nobody is undressing in a school.

    • 7 Sept 2022 3:29 PM IST

      Kamat : There can be a reasonable restriction, no dobut. I am not saying I won't wear uniform. I am wearing uniform with the headscarf.

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