Hijab Ban- Supreme Court Hearing- DAY-10 Live Updates

LIVELAW NEWS NETWORK

22 Sept 2022 10:35 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-10 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.

    Live Updates

    • 22 Sept 2022 12:06 PM IST

      Ahmadi : The argument was Article 25 is subject to Article 14. For that, you have to show someone else's fundamental rights are violated by someone wearing hijab. 

    • 22 Sept 2022 12:04 PM IST

      Kar AG interrupts - says Bacchan Singh case brings a paradigm shift that these tests can be used only for fundamental rights.

      Ahmadi : Bacchan Singh ultimately holds there is no infraction. It does not hold pith and substance test has to be used for fundamental rights. 

    • 22 Sept 2022 12:00 PM IST

      Ahmadi : The argument of "pith and substance" is misconceived. It is a doctrine to apply for legislative entries. You can't apply it when fundamental rights are infringed. Same for the test of dominant intention.

      Ahmadi. :These tests do not apply to fundamental rights, where even in incidental infringment will be bad.

    • 22 Sept 2022 11:57 AM IST

      Ahmadi : The AG says we have to look at only at the circular and not the background. Even the High Court says that the reasons in the circular do not appear to have been justified. 

    • 22 Sept 2022 11:55 AM IST

      Ahmadi : If a circular is issued saying no one can wear turbans, we can know it is targeting Sikhs. It will be facially neutral but targeting one group.

      Ahmadi : Circular has to be read as a whole, its purport has to be read as a whole and its effect has to be seen.

    • 22 Sept 2022 11:54 AM IST

      Ahmadi : Circular does not say, you can't openly wear a cross or rudraksh. I can understand if circular says on the opening of school, we will not have religious functions. The circular is only targeting head scarf and only one community wears it.

    • 22 Sept 2022 11:53 AM IST

      Ahmadi : I can understand if the circular says no religious symbol is allowed. The circular speaks only of head scarf.

      J Gupta : No, it is only in the preamble of the circular. The order part does not say about #hijab.

      Ahmadi : Circular has to be read as a whole.

    • 22 Sept 2022 11:52 AM IST

      Ahmadi : Secularism is used a ruse to defend the ciruclar, which though facially neutral, is targeting Muslim students.

    • 22 Sept 2022 11:51 AM IST

      Ahmadi : Nothing has been shown why should anyone get provoked when a girl wears hijab. The suggestion that there were public order issue is puerile. It amounts to yielding to pressure groups and bullying which is hardly a sign of good governance.

      Ahmadi : When it is a fundamental right to wear hijab, the question of someone instigating pales into insignificance.

    • 22 Sept 2022 11:50 AM IST

      Ahmadi : I can understand if there were competing fundamental rights. They have not shown which fundamental right of the other section of students has been violated. It is only when rights are deprived, administrative orders can be passed.

    Next Story