Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

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16 Feb 2022 8:27 AM GMT

  • Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

    The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.

    On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.

    Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.

    Yesterday, Kamat had underscored that the declaration made by the State government that wearing of a headscarf is not protected by Article 25 of the Constitution was "totally erroneous'. It was also submitted that the conduct of the State government in delegating to the College Development Committee (CDC) to decide whether to allow headscarves or not is 'totally illegal'.

    Live Updates

    • 16 Feb 2022 9:37 AM GMT

      Kumar : I am not enforcing this document. I am only placing this document to show what the department itself has said - an emphatic statement that no uniform is prescribed, that principal shall not insist on uniform & principal will face disciplinary action if uniform insisted.

    • 16 Feb 2022 9:35 AM GMT

      Kumar : I am relying on this to show that there is no uniform prescribed for PU colleges for current academic year.

    • 16 Feb 2022 9:34 AM GMT

      Kumar : I am not saying it has force of law. All that I am saying it is a statement of fact that there is no uniform  prescribed for govt colleges.

      Justice Dixit: You are pressing this instrument. We want to know what is its legal status, if you want to bank upon it.

    • 16 Feb 2022 9:32 AM GMT

      CJ : Who has issued? Nothing is revealed.

      Kumar : This is in the nature of a guideline issued by Dept for all PU Colleges under it.

      CJ : It cannot be a regulation.

      Kumar : It is not a rule. But it gives a statement of fact that no uniform is prescribed (for PU colleges).

    • 16 Feb 2022 9:31 AM GMT

      CJ : This is for Pre University Govt College.

      Kumar : Yes.

      CJ : What is this document?

      Kumar : These are the guidelines issued by Govt Dept, namely PU Education Dept, for the academic year 2021-22

    • 16 Feb 2022 9:30 AM GMT

      Kumar: May I read the guideline. Uniform is not mandatory for students studying in PU colleges. But some colleges and management committees have imposed uniforms as mandatory, which is illegal. Prescription of any uniform is illegal.

    • 16 Feb 2022 9:28 AM GMT

      Kumar: The GO has declared that no uniform is prescribed for the PU colleges.

    • 16 Feb 2022 9:27 AM GMT

      Kumar: It is very important to take note of fact that the College Development Council is not an authority which is established or recognised under the rules.

    • 16 Feb 2022 9:24 AM GMT

      Kumar: These provisions made in 1995 Rules are general in character. PU colleges come under a different rule.

    • 16 Feb 2022 9:24 AM GMT

      Referring to rule, Kumar submits : If there was to be a ban on hijab, the notice ought to have been given one year in advance.

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