Hijab Ban- Supreme Court Hearing- DAY-7 Live Updates

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19 Sept 2022 12:58 PM IST

  • Hijab Ban- Supreme Court Hearing- DAY-7 Live Updates

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.

    A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.

    The SLPs have been filed against the judgment dated March 15 passed DAY 6by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

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    Live Updates

    • 19 Sept 2022 3:11 PM IST

      Dave : Whenever I am free, all that I do is read Constituent Assembly Debates, and we had extremely intellectual debates. No other Constitution in the world was debated like ours.

    • 19 Sept 2022 3:08 PM IST

      Dave refers to meaning of "Public Order" in Lohia and Madhu Limaye cases.

    • 19 Sept 2022 3:07 PM IST

      Dave : Law can't be confined to that...

      Refers to Article 13, says the Karnataka Govt circular is "law" by deeming fiction and it is void for violating fundamental rights.

    • 19 Sept 2022 3:07 PM IST

      Dave : Article 13 applies to a circular too.

      Justice Dhulia : Here your argument can be self-contradictory. Because, the argument was, right to wear hijab flows from Article 19 and it can be restricted only under 19(2) only by a statutory law.

    • 19 Sept 2022 3:06 PM IST

      Dave : Is the wearing of hijab threatening the unity and integrity of India?

      Justice Dhulia : Nobody is saying that. Even the judgment does not.

      Dave : Ultimately, that is the only restriction.

    • 19 Sept 2022 3:05 PM IST

      Dave : Just like Turban for Sikhs, hijab is important for Muslim women. Nothing wrong with that. It is their faith. Somebody wanting to wear tilak, somebody wanting to wear cross, everybody has the right. And that is the beauty of social life.

    • 19 Sept 2022 3:01 PM IST

      Dave : For centuries Muslim women have been wearing hijab. And in countries, across Malaysia, Arabia, or America, in modern world, Muslim women are wanting to wear hijab.

    • 19 Sept 2022 2:59 PM IST

      Dave : Kindly keep of the warnings of these Great Indians first, this is my preface.

    • 19 Sept 2022 2:58 PM IST

      Dave : Fraternity is one of the avowed goals of Constitutions. And it has been completely lost sight of by the Government.

    • 19 Sept 2022 2:58 PM IST

      Justice Gupta : My debate is to what extent CAD are relevant to interpret the present day Constitution.

      Dave says "to the fullest extent". -

      "They gave birth to Constitution. These are people who spent over 2 years on Constitution. And their views are sacrosanct"

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