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 2:43 PM IST

      Kamat : I will only take 2-3 minutes more.

      Kamat refers to observations from judgment that asking the girl to remove nose ring even for a short period will send out the message that "Sonali and her religion were not welcome".

      "How beautifully they have put", he says.

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    • 7 Sept 2022 2:42 PM IST

      Kamat refers to the passages from the judgment which hold that nose stud is an expression of Tamil Hindu culture. Kamat says that the Court refrained from holding if it was strictly religious or cultural considering the overlap between both practices.

      Justice Gupta : You have cited three judgments for reasonable accommodation, we don't need to delve into these..

    • 7 Sept 2022 2:40 PM IST

      Kamat says the school argued that there is no violation of the student's right as she can wear noseringh outside school. Court rejected it.

      It is similar to the argument wear hijab outside class, Kamat says.

    • 7 Sept 2022 2:38 PM IST

      Kamat referring to the South African judgment which allowed a Tamil Hindu student to wear nose ringh in school.

    • 7 Sept 2022 2:37 PM IST

      Kamath: Nose pin is worn by women to develop good virtue and also it is believed to bring prosperity. It is very much religious

    • 7 Sept 2022 2:35 PM IST

      Kamat : I am a student of Hindu religion.

      Kamat says wearing of "Bindi" and "nose ringh" has religious significance while performing certain rituals.

    • 7 Sept 2022 2:34 PM IST

      Justice Gupta : But nosepin is not religious, mangalsutra is..

      Kamat : Evidence was led to show it has a religious belief too.

      Justice Gupta : All over the world women wear earrings, but it is no religious practice.

    • 7 Sept 2022 2:33 PM IST

      Kamat refers to the South African judgment which allowed a Hindu girl to wear nose ring in school as part of her cultural belief.

      Kamat : The argument was it will lead to parade of horribles..it was rejected..last day your lordship asked if they can come in minis, midis etc?

    • 7 Sept 2022 2:31 PM IST

      Justice Dhulia : But this was in a different context.

    • 7 Sept 2022 2:31 PM IST

      J Dhulia : And read the operative part (of Bijoe Emmanuel).

      Kamat : "our tradition teaches tolerance; our philosophy preaches tolerance; our constitution practices tolerance; let us not dilute it". If this was practised by the State, we would not have been before this Court.

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