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 2:54 PM IST

      Justice Gupta : How can we compare USA and Canada with India? We are a conservative society.

      Kamat : Let good thoughts come from everywhere, as the Vedas say.

      J Gupta : Their judgments is based on their society,their culture, we can't totally follow.

    • 7 Sept 2022 2:53 PM IST

      Kamat refers to a US Supreme Court decision which allowed head scarf in employment.

    • 7 Sept 2022 2:49 PM IST

      Kamat : The Court said it was a bona fide since religious belief and possibility of abuse cannot undermine it.

    • 7 Sept 2022 2:48 PM IST

      Kamat : Ultimately the (SA) Court said State should promote it as a pagent of diversity and not see it as a "parade of horribles".

      Justice Dhulia : Who said "parade of horribles?"

      Kamat : State. This is the mini, midi, bikini argument.

    • 7 Sept 2022 2:47 PM IST

      Kamat : The case is not about uniforms, it is about exemptions, it is about reasonable accommodation.

    • 7 Sept 2022 2:47 PM IST

      Justice Gupta : Mr.Kamat, forget about South Africa, come to India.

      Kamat : This judgment encapsulates my submissions in Indian law.

    • 7 Sept 2022 2:46 PM IST

      Justice Gupta : All other countries have a uniform law for its citizens.

    • 7 Sept 2022 2:45 PM IST

      Justice Gupta : Do you have the Constituton of South Africa?

      Kamat : Some provisions are mentioned in the judgment.

      J Gupta : In my understanding, there is no country as diverse as this.

    • 7 Sept 2022 2:44 PM IST

      Kamat refers to SA judgment observations that tolerance is one of the virtues of Constitution and asking Sonali to choose another school will lead to marginalization of a minority.

    • 7 Sept 2022 2:43 PM IST

      Justice Dhulia : If you see the South African judgment, there is a lot of emphasis on dignity.

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