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 12:41 PM IST

      Dhavan : To summarize, this is not a "Yes" "No" issue. What are the obligations on the authorities concerned to bring about a measure of inclusiveness and to apply the least restrictive approach.

    • 14 Sept 2022 12:41 PM IST

      Dhavan referring to grounds raised in petition : Proportionality means taking the least restrictive alternative - Cites Modern Dental College case- 

    • 14 Sept 2022 12:39 PM IST

      Dhavan : As on 01.07.2021, no uniform was prescribed for PUCs. Then there was a campaign against hijab. This is what this case is all about. The campaign "Hijab Must Go Come What May".

    • 14 Sept 2022 12:36 PM IST

      Dhavan : What is required is an inclusive policy after due discussion. None of this has taken place as far as Karnataka is concerned.

    • 14 Sept 2022 12:34 PM IST

      Dhavan refers to a Kenyan decision.

      Dhavan : What is important in cases like this is a certain degree of sensitivity, without which one can't find a common ground.

    • 14 Sept 2022 12:30 PM IST

      Dhavan : The test is one of proportionality. The test is to take the least invasive approach. One of the suggestion made by pupils was that they will wear the headscarf with the same colour as the uniform.

    • 14 Sept 2022 12:26 PM IST

      Dhavan : When you say you can't allow burqa in school, i it is reasonable, becasue you want to see the face. But what reasonable objection can be there to the headscarf?

    • 14 Sept 2022 12:24 PM IST

      Dhavan : The rationale in the Kerala case given by the Board was that to prevent malpractices in the AIPMT exam. But here, in Karnataka case, there is no rationale given.

      Dhavan : The fact that large number of millions of women are wearing hijab bonafidely has been ignored. Hijab across the board is permitted in public places. So what is the basis to say hijab can't be in class room and is opposed to public order.

    • 14 Sept 2022 12:22 PM IST

      Dhavan says the Kerala HC has also referred to the references cited by the Karnataka HC judgment.

      Justice Gupta : You want us not to do what the Kerala HC has done.

      Dhavan : I agree. But if we were to interpret the text, the answer of the text is that it is farz. But I don't go that far. If it is a ritual that is prevalant, and is bona fide, your lordships will allow.

      Justice Gupta : Regardless of the mandate of the holy book?

      Dhavan : Provided it is not against the holy book. To that extent enquiry can be there.

    • 14 Sept 2022 12:20 PM IST

      Justice Gupta : What is the basis of saying it (hijab) is a farz?

      Dhavan : They (Kerala HC) have analysed from (gives the paragraphs of the judgment).

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