Hijab Ban In Karnataka- Supreme Court Hearing- DAY-3- LIVE UPDATES
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8 Sep 2022 5:26 AM GMT
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Live Updates
- 8 Sep 2022 5:59 AM GMT
Kamat : School can't take that ground of public order. If I wear a head gear and someone gets offended and makes an issue and shouts slogans, police can't say I can't wear it. That will be hecklers veto. It is on this basis that the ban was imposed.
Kamat : Last day the AG said the GO was issued after some students demanded to wear saffron shawls and the ban was imposed in that context. Can hecklers veto be allowed?
- 8 Sep 2022 5:58 AM GMT
Justice Gupta : You can't compare, dress in court. Last day, Mr.Dhawan mentioned pagadi. It might be an essential dress. In Rajasthan people wear pagadi. In Gujarat too.
Kamat : I can wear head gear, kara, as part of my religious belief. It may not be a core religious practice. But as long as it does not affect public order, health or morality, it can be allowed.
- 8 Sep 2022 5:58 AM GMT
Kamat : Every religious practice may not be essential, but that does not mean State can keep restricting it as long as it does not fall foul of public order, morality or health.
Kamat : For example, when I wear a namam, Senior Advocate K Parasaran, he is a father like figure for us, he wears namam. Does it affect discipline or decorum in Court?
- 8 Sep 2022 5:57 AM GMT
Kamat : Restriction on #hijab in school, State has not justified either on public order or morality or health. So this GO cannot be a valid restriction for the purposes of first part of Article 25.
Justice Dhulia : This argument is available to you if you are taking it as a religious practice, but yesterday you said you are not taking it?
Kamat : No, I will make it clear. This right comes from 19 and also 25.
- 8 Sep 2022 5:57 AM GMT
Kamat : State argues that if they come in head scarf, other people will get offended. That can be no reason to ban it.
Kamat : Just to recap what my argument on Article 25 is going to be. 25 has two parts. 25(1) and 25(2). 25(1) has 3 sets of restrictions - public order, morality and health and other provisions of fundamental rights chapter.