Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES

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24 Feb 2022 2:21 PM IST

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Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- 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.

AG argued that petitioners have not shown that wearing hijab is an essential religious practice in Islam and thus, the protection under Article 25 of the Constitution is not available to them.

Yesterday, the High Court clarified that the interim order passed by it on February 10, which prohibited wearing of religious dresses by students in classrooms, will apply to both degree colleges and Pre-University (PU) Colleges, where uniform has been prescribed.

The Court also clarified that its order applies only to students and not teachers.

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24 Feb 2022 4:42 PM IST
Kamat : Article 25 gives a canopy of rights.

CJ : There is freedom of conscience and practice religion? Which one is this?

Kamat : This is religious practice.
24 Feb 2022 4:41 PM IST
Kamat : I did not expect the State to question that right.

CJ : Forget about the State, first you establish your right.

Kamat reads Article 25 says it includes both essential and non-essential practices.
24 Feb 2022 4:41 PM IST
Kamat : Your lordships will not ask where is the right.

CJ : No no. You are insisting to wear headgear, inside institution which has prescribed a uniform. Now you say that it is your fundamental right, you tell us what is that fundamental right?
24 Feb 2022 4:39 PM IST
Kamat: If the GO goes, the second question does not arise.

CJ : How can you insist wearing of hijab inside the institution which has prescribed uniform?. You say you have a fundamental right we want to understand that. Forget what AG says, first you have to establish your right.
24 Feb 2022 4:38 PM IST
Kamat: when a challenge is made that Article 25 right is violated, first question lordships will ask to state, is where is the restriction. Once there is a valid restrictions or valid law, the second question arises, whether the law or order impinges on the right.
24 Feb 2022 4:38 PM IST
CJ: Finish your agruments today, we will extend our sitting time.
24 Feb 2022 4:36 PM IST
Kamat : The question of ERP is raised to attack the GO. If the GO goes, the matter ends.

CJ: When you say that if this GO goes, there will be no restriction in exercise of fundamental rights, what is the fundamental right you want to exercise?
24 Feb 2022 4:35 PM IST
Kamat : The GO has to be quashed. If the GO goes, there is no restriction on the exercise of fundamental rights. Judgments on ERP have been cited without saying when does the stage of Court adjudicating ERP come?

Justice Dixit : When u give reply, u can't introduce new arguments
24 Feb 2022 4:33 PM IST
Kamat: Lot of arguments have been made that I have not challenged the 2014 circular, I don't need to milords. As long as the CDC remains a Marga Darshak mandal, I don't have any problem. Let them remain as a guiding force. But the problem is when statutory functions are given.
24 Feb 2022 4:32 PM IST
Justice Dixit : This point has been covered by Ravivarma Kumar, that the functions cannot be delegated to the CDC.

Kamat: I say milords that an MLA is not an officer subordinate to the state govt and that is covered by SC judgement in the case of Ashwini Kumar

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Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES

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Kamat : Article 25 gives a canopy of rights. CJ : There is freedom of conscience and practice religion? Which one is this? Kamat : This is religious practice.

Kamat : I did not expect the State to question that right. CJ : Forget about the State, first you establish your right. Kamat reads Article 25 says it includes both essential and non-essential practices.

Kamat : Your lordships will not ask where is the right. CJ : No no. You are insisting to wear headgear, inside institution which has prescribed a uniform. Now you say that it is your fundamental right, you tell us what is that fundamental right?

Kamat: If the GO goes, the second question does not arise. CJ : How can you insist wearing of hijab inside the institution which has prescribed uniform?. You say you have a fundamental right we want to understand that. Forget what AG says, first you have to establish your right.

Kamat: when a challenge is made that Article 25 right is violated, first question lordships will ask to state, is where is the restriction. Once there is a valid restrictions or valid law, the second question arises, whether the law or order impinges on the right.

CJ: Finish your agruments today, we will extend our sitting time.

Kamat : The question of ERP is raised to attack the GO. If the GO goes, the matter ends. CJ: When you say that if this GO goes, there will be no restriction in exercise of fundamental rights, what is the fundamental right you want to exercise?

Kamat : The GO has to be quashed. If the GO goes, there is no restriction on the exercise of fundamental rights. Judgments on ERP have been cited without saying when does the stage of Court adjudicating ERP come? Justice Dixit : When u give reply, u can't introduce new arguments

Kamat: Lot of arguments have been made that I have not challenged the 2014 circular, I don't need to milords. As long as the CDC remains a Marga Darshak mandal, I don't have any problem. Let them remain as a guiding force. But the problem is when statutory functions are given.

Justice Dixit : This point has been covered by Ravivarma Kumar, that the functions cannot be delegated to the CDC. Kamat: I say milords that an MLA is not an officer subordinate to the state govt and that is covered by SC judgement in the case of Ashwini Kumar

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Kamat : Article 25 gives a canopy of rights.

CJ : There is freedom of conscience and practice religion? Which one is this?

Kamat : This is religious practice.

Kamat : I did not expect the State to question that right.

CJ : Forget about the State, first you establish your right.

Kamat reads Article 25 says it includes both essential and non-essential practices.

Kamat : Your lordships will not ask where is the right.

CJ : No no. You are insisting to wear headgear, inside institution which has prescribed a uniform. Now you say that it is your fundamental right, you tell us what is that fundamental right?

Kamat: If the GO goes, the second question does not arise.

CJ : How can you insist wearing of hijab inside the institution which has prescribed uniform?. You say you have a fundamental right we want to understand that. Forget what AG says, first you have to establish your right.

Kamat : The question of ERP is raised to attack the GO. If the GO goes, the matter ends.

CJ: When you say that if this GO goes, there will be no restriction in exercise of fundamental rights, what is the fundamental right you want to exercise?

Kamat : The GO has to be quashed. If the GO goes, there is no restriction on the exercise of fundamental rights. Judgments on ERP have been cited without saying when does the stage of Court adjudicating ERP come?

Justice Dixit : When u give reply, u can't introduce new arguments

Justice Dixit : This point has been covered by Ravivarma Kumar, that the functions cannot be delegated to the CDC.

Kamat: I say milords that an MLA is not an officer subordinate to the state govt and that is covered by SC judgement in the case of Ashwini Kumar