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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    Live Updates

    • 7 Sept 2022 3:11 PM IST

      Kamat reads out the GO - "students coming in religious dress has become an obstacle to unity. Since the prohibition of head scarf is not a violation of Art 25". Kamat says "State is sitting in judgment".

      J Dhuli : It is not sitting in judgment, it is an interpretation.

    • 7 Sept 2022 3:11 PM IST

      Kamat : I was surprised to see Advocate General saying GO was innocous. It is not an innocous GO.

    • 7 Sept 2022 3:11 PM IST

      Kamat : Secularism does not mean that students of only one faith will not display their religion. GO says..

      Justice Gupta : No GO does not say that, it says due to some issues, all students will wear uniform prescribed.

      Kamat : GO may not have been correctly placed

    • 7 Sept 2022 3:10 PM IST

      Kamat refers to passages in Aruna Roy judgment - secularism has a positive meaning.

    • 7 Sept 2022 3:06 PM IST

      Justice Dhulia : You were citing judgments of England. But if you go to the continent, judgments are against you.

      Kamat : Yes, France has taken a diferent view..Austria..

      Justice Gupta : Mr.Kamat, be in India, one hour you are in India and then you are everywhere across globe

    • 7 Sept 2022 3:05 PM IST

      Justice Gupta : Constitution does not say that.

      Kamat refers to Aruna Roy judgment.

    • 7 Sept 2022 3:04 PM IST

      Kamat : The constitutional standpoint is all religions are manifestation of same god.

      Justice Gupta : Does all religions accept this? Is that the stream of thought accepted by all religions?

      Kamat : I was paraphrasing what was said in Aruna Roy judgment.

    • 7 Sept 2022 3:03 PM IST

      Kamat : State says this is an aspect of Secularism. Secularism in India is not the concept of negative secularism as followed in France or Turkey, where display of religion in public is offensive. This Court has not accepted that, but has accepted positive secularism.

    • 7 Sept 2022 2:55 PM IST

      Kamat refers to a House of Lords judgment. The school had allowed hijab, but the student turned up in burqa or jilbab. Court said school has provided reasonable accommodation by way of salwar and headscarf and anything beyond is unreasonable.

    • 7 Sept 2022 2:55 PM IST

      Kamat refers to a Canada judgment allowing wearing of kara in school for Sikhs.

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