Hijab Ban- Karnataka High Court Full Bench Hearing (Day 8)- LIVE UPDATES

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22 Feb 2022 2:07 PM IST

  • Hijab Ban- Karnataka High Court Full Bench Hearing (Day 8)- 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 Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab....

    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 Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab. This arose in view of the AG's submission that the Government Order dated February 5, which has been challenged in the writ petitions, does not prescribe any ban on hijab and that it is only an "innocuous" order which asks students to follow the uniforms prescribed by their institutions.

    "What is your stand?Whether hijab can be permitted in institutions or not?", the Chief Justice raised a pointed query.

    "The operative portion of the GO leaves it to the institutions", the AG submitted.

    "If institutions permit hijab, you have objections?", the CJ asked further

    "If the institutions are to permit, we would possibly take a decision as and when the issue arises...", the AG responded.

    "You have to take a stand", the CJI reiterated.

    "My answer is that we have not prescribed anything. The Order , it gives complete autonomy to institution to decide uniform. Whether students be allowed to wear dress or apprarel which could be symbol of religion, the stand of the state is.. element of introducing religious dress should not be there in uniform. As a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment", the AG replied.

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    Live Updates

    • 22 Feb 2022 4:02 PM IST

      AG: There was an argument on Article 15. There is no discrimination on grounds of religion. These are bald allegations without any substance and we deny them.

    • 22 Feb 2022 4:01 PM IST

      AG: A right cannot be exercised in islotation in public spaces. Institutional discipline is paramount.

      In military service somebody had sought enforcement of individual rights. This was for growing of a beard. The court negatived.

    • 22 Feb 2022 3:59 PM IST

      AG refers to privacy judgment: "The notion that there must exist a reasonable expectation of privacy ensures that while on one hand, individual has a protected zone of privacy, yet on the other, exercise of individual choices is subject to rights of others to lead orderly lives"

    • 22 Feb 2022 3:57 PM IST

      AG: I will repeat. There is no prohibition of hijab anywhere. But it cannot be compulsory, it should be left to the choice of the women concerned.

    • 22 Feb 2022 3:56 PM IST

      AG : Dignity involves liberty; liberty involves choice. The entire submission of petitioners is based on compulsion.The entire claim of petition is to make compulsion, it goes against fundamental ethos of constitution.

    • 22 Feb 2022 3:56 PM IST

      ...the fundamental duties of every citizen.We cannot adopt an interpretation of the Constitution which has such an effect. Our inability to state this as a matter of constitutional doctrine is liable to lead us to positions of pretence or, worse still, hypocrisy"

    • 22 Feb 2022 3:55 PM IST

      AG continues quoting J Chandrachud from Sabarimala judgment :

      "To treat women as children of a lesser god is to blink at the Constitution itself....To allow practices derogatory to the dignity of a woman in matters of faith & worship would permit a conscious breach of

    • 22 Feb 2022 3:54 PM IST

      "...India’s unwavering commitment to a constitutional order based on human. Practices which are destructive of liberty & those which make some citizens less equal than others can simply not be countenanced"

    • 22 Feb 2022 3:54 PM IST

      AG refers to a paragraph from J Chandrachud's judgment in Sabarimala case:

      "Once individual dignity assumes the character of a shining star in the constellation of fundamental rights, the place of religion in public places must be conditioned by

    • 22 Feb 2022 3:52 PM IST

      AG : Kindly keep my submission that woman cannot be subjected to a compulsion of a dress in the context of their submissions.

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