Karnataka Hijab Ban- Supreme Court Hearing- DAY-1 -LIVE UPDATES

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5 Sept 2022 12:25 PM IST

  • Karnataka Hijab Ban- Supreme Court Hearing- DAY-1 -LIVE UPDATES

    A 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 was 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...

    A 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 was 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. In the last hearing of the matter, the petitioners had sought request of adjournment of the matter for two weeks. However, the cout orally observed that it would not permit "forum shopping" and issued notice to the State of Karnataka and proceeded to post the matter on September 5, 2022.

    The SLPs has been filed against the judgment dated March 15 passed by 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.

    Live Updates

    • 5 Sept 2022 2:19 PM IST

      Dhawan: It was suggested that scarf of the same colour of uniform could be worn. Even in this court some women are wearing. Now in class rooms can they asked be to removed it? 

    • 5 Sept 2022 2:18 PM IST

      Dhawan : The decision of Supreme Court will be looked at all over the world. Hijab is worn in many civilization and what the Indian Supreme Court says will have a momentous importance.

    • 5 Sept 2022 2:17 PM IST

      Justice Gupta: Our Preamble says ours is a secular country. In a secular country can you say that a religious clothing has to be worn in a govt run institution?This can be an argument.

    • 5 Sept 2022 2:16 PM IST

      Dhawan : Here the question is of millions of girls who adhere to the uniform but also insist to wear the hijab.

    • 5 Sept 2022 2:16 PM IST

      Justice Gupta : Pagdi is different, it was worn in royal states. It is not religious. My grandfather used to wear it while practicing law. Don't equate it with religion.

    • 5 Sept 2022 2:14 PM IST

      Dhawan : The question is if a dress code can be imposed. In Supreme Court,we have judges wearing tilak, in Court 2 there is a picture of a judge wearing a pagdi.

    • 5 Sept 2022 2:13 PM IST

      Justice Gupta : Mr.Dhavan, the question can be modulated differently. It may or may not be an essential practice. But if the Govt can regulate the dress code. Preamble says our country is a secular country.

    • 5 Sept 2022 2:12 PM IST

      Sr Adv Rajeev Dhawan : As per Article 145(3), a constitutional issue must be referred to constitution bench. There are large number of women, and the question is whether they should yield to the dress code or govt and whether it is essential religious practice.

    • 5 Sept 2022 2:11 PM IST

      Justice Gupta : How much time each counsel will take, so that we can modulate?

      Hegde : I am good for today.

    • 5 Sept 2022 2:09 PM IST

      One counsel informs the bench that some of the petitions are filed against the interim order passed by the High Court.

      Bench says it will dispose of those petitions as infructuous.

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