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 12:53 PM IST

      Justice Dhulia : If we go that way, that is essential religious practice, then probably you are right.

    • 14 Sept 2022 12:53 PM IST

      Ahmadi : What this Court held in Sabarimala reference was it was not sure which test to apply for essential religious practice - whether the text, or whether the view of a leader or whether every religious practice will be accepted. So today we are not clear on which test

    • 14 Sept 2022 12:52 PM IST

      Ahmadi says he has a preliminary point regarding reference to the larger bench.

    • 14 Sept 2022 12:50 PM IST

      Ahmdai : Last, the point of indirect discrimination, though the circular is facially neutral.

    • 14 Sept 2022 12:49 PM IST

      Ahmadi : Second point, what is the legitimate state interest? The legitimate state interest is in encouraging education, especially among minors. Is it a legitimate state interest to adopt a restriction that will encourage dropouts.

      Ahmdai : The Karnataka Education Act promotes inclusivity and fraternity and the circular is against the objective of the Act.

    • 14 Sept 2022 12:47 PM IST

      Ahmadi : The circular says it is to develop fraternity, but it is the anti-thesis of fraternity. I will develop this point.

    • 14 Sept 2022 12:46 PM IST

      Ahmadi raises point on fraternity.

      J Gupta : This point was argued.

      Ahamdi : Nobody has argued.

      Justice Dhulia : Nobody has argued this point.

    • 14 Sept 2022 12:45 PM IST

      Senior Advocate Huzefa Ahmadi now begins submissions.

    • 14 Sept 2022 12:45 PM IST

      Dhavan concludes.

      Another counsel says he can clarify to the bench if there is any doubt on what is "farz".

      Justice Gupta asks him to wait for his turn. "Don't be restless", J Gupta tells him.

    • 14 Sept 2022 12:43 PM IST

      Dhavan : In my respectful submission, there was no foundation in GO against Hijab, it is probably to target Muslims and Muslim women particularly, and it violates Article 14 and 15. This kind of targeting is not permissible in Constitution.

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