Hijab Ban- Supreme Court Hearing-DAY-6- Live Updates

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15 Sept 2022 10:50 AM IST

  • Hijab Ban- Supreme Court Hearing-DAY-6- 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

    • 15 Sept 2022 11:12 AM IST

      Kothari : Under Art 15(1), discrimination of religion does not require a threshold as high as essential religious practice. Merely if a person is disadvantaged on the ground of religion, that is sufficient for Article 15(1).

      Kothari : My argument is by virtue of not being allowed to hijab, whether or not it is an essential practice, we don't need to go to that threshold at all, they are discriminated.

    • 15 Sept 2022 11:08 AM IST

      Kothari refers to a UK decision relating to a Sikh girl who wanted to wear a kara.

    • 15 Sept 2022 11:07 AM IST

      Jayna Kothari : I am specifically on Article 15(1), intersectional discrimination on grounds of both sex and religion.

      Justice Dhulia : Dr.Dhawan has argued this.

      Kothari : Yes, I will develop it.

    • 15 Sept 2022 11:06 AM IST

      Justice Gupta : We will give Mr.Dave 30 mins.

      Dave : I won't be able to finish within 30 mins, with du respect. It is a very serious matter.

      Bench says then it will allow Jayna Kothari to start.

    • 15 Sept 2022 11:06 AM IST

      Justice Gupta : We will give Mr.Dave 30 mins.

      Dave : I won't be able to finish within 30 mins, with du respect. It is a very serious matter.

      Bench says then it will allow Jayna Kothari to start.

    • 15 Sept 2022 11:06 AM IST

      Hijab matter taken.

      Sr Adv Jayna Kothari seeks 15 mins time before Senior Adv Dushyant Dave.

      Bench says let Dave start.

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