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 2:55 PM IST

      Justice Gupta asks if there is any precedent of Court relying upon Constituent Assembly Debates to interpret Constitution.

      Justice Dhulia says in the NJAC case, CAD speeches were referred to.

      Dave adds that in Puttaswamy case as well, debates were referred.

    • 19 Sept 2022 2:54 PM IST

      Justice Gupta : Mr.Dave, we will read everything. But to what extent the Constituent Assembly Debates are relevant for interpreting.

      Dave : They are expressing the will of the people.

    • 19 Sept 2022 2:53 PM IST

      Dave : Even if the word "propagate" is not there, under Article 19, every person has the right to spread his religion.

    • 19 Sept 2022 2:53 PM IST

      Dave : Today we feel if someone falls in love and marries, we think it is an attempt to convert. I don't know where are we heading..

    • 19 Sept 2022 2:53 PM IST

      Dave referring to speeches of Krishnamachari and others in Constituent Assembly - Look at their liberal thought of these great humans and where have we lost such people in public life after 75 years? 

    • 19 Sept 2022 2:53 PM IST

      Dave : And what do we say about Christian schools now? My own children study in Christian schools and they have never bought any Bible home. And it is the missionaries who have gone to far flung areas, mosquito infested places, to give education.

    • 19 Sept 2022 2:49 PM IST

      Dave quotes Krishnamachari from Constituent Assembly - From my own experience as a student in Christian schools, I can say there has been no attempt to covert.

    • 19 Sept 2022 2:47 PM IST

      Dave :Yes, there is a modern Krishna group..ISKCON, who preaches Hinduism beautifully. Every one has the right to propagate .

    • 19 Sept 2022 2:46 PM IST

      Justice Dhulia : Perhaps, the reason is what given by Seervai..in some religions, like Christianity, it is an important part of faith to spread the message..

    • 19 Sept 2022 2:46 PM IST

      Justice Dhulia asks has anybody in the Constituent Assembly said why it is important to include "propagate" in Article 25.

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