Hijab Ban- Supreme Court Hearing- DAY-5 Live Updates

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14 Sept 2022 10:52 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-5 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 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.

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    Live Updates

    • 14 Sept 2022 2:16 PM IST

      Ahmadi : The term fraternity has a significant meaning in our Constitution. The word came after French revolution. The term as an animating effect in the Constitutional spectrum. Fraternity is a Preambulatory concept.  

    • 14 Sept 2022 2:12 PM IST

      Justice Gupta : In Hindi translation, people understand secularism as Dharmnirpeksh, but the text says Panthnirpeksh.

      Justice Gupta : Even in the absence of the word secular, the Constitution was secular, we did not become secular by adding the word secular.

    • 14 Sept 2022 2:11 PM IST

      Justice Dhulia : Fraternity is about dignity.

      Justice Gupta : Dignity is wide, so fraternity is also wide.

      Ahmadi : Fraternity is understood as brotherhood, that is to recognize diversity.

    • 14 Sept 2022 2:11 PM IST

      Ahmadi : The purpose of introducing fraternity as a constitutional value is to introduce horizontal and social senstivitiy to social inequality.

      Ahmadi : Fraternity is a term which has not received judicial interpretation like equality and liberty.

      Justice Dhulia : Equality and liberty have defined meanings, fraternity is still....

      Ahmadi : In Preamble, Equality and Liberty are qualified. Fraternity is absolute

    • 14 Sept 2022 2:08 PM IST

      Bench Assembled

      Ahmadi resumes arguments.


    • 14 Sept 2022 1:00 PM IST

      Court rises for lunch break. Hearing to resume at 2 PM

    • 14 Sept 2022 1:00 PM IST

      Ahmadi refers to Dr.Ambedkar's speech on Preamble.

    • 14 Sept 2022 12:57 PM IST

      Ahmadi now refers to fundamental duties under Articles 51A(e) and 51A(f) - to promote harmony and the spirit of common brotherhood....to preserve composite culture..

    • 14 Sept 2022 12:57 PM IST

      Ahmadi : Now coming to the core of my submission. The Preamble of the Constitution and Article 51A(f).

      Reads Preamble 

      "Fraternity which assures the dignity of individual". Dignity of individual is put before the Unity of nation.

    • 14 Sept 2022 12:54 PM IST

      Ahmadi : Which is the test to be applied is a bit of conundrum in the light of the reference, that is why I say it should await the decision on reference.

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