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 11:49 AM IST

      Ahmadi : I am addressing the PFI aspect. They can't rely on documents not on record. It is an argument introduced to create a prejudice.

      Ahmadi on circular : The contention was that after girls started wearing hijab, other students started wearing something else, and they had to bring the circular. They have not pointed out which fundamental right of other students has been violated due to ladies wearing hijab.

    • 22 Sept 2022 11:47 AM IST

      Justice Gupta : It was I who asked them. Later on rethink, we thought we will not take it (regarding sealed cover submission of chargesheet in case for alleged conspiracy behind hijab agitation).

    • 22 Sept 2022 11:47 AM IST

      Sr Adv Huzefa Ahmadi making rejoinder : Argument of PFI was not raised before High Court.

      Justice Dhulai : HC deals with it.

      Ahmadi : In one line. They have forfeited their right to file counter. They can't say orally. Attempt was made to give documents in sealed cover.

    • 22 Sept 2022 11:45 AM IST

      Bench dictates order in Sikh woman's petition : Petitioner is resident of Haryana... there is no parity with the issues raised in the bunch of petitions. Dismissed as withdrawn with liberty to raise issue before appropriate forum.

    • 22 Sept 2022 11:45 AM IST

      Justice Dhulia : You withdraw it, file it at someother time.

      Khurshid : The idea is..

      J Dhulai : The idea is if we limit the problem it will be easier to solve.

      J Gupta : We will give liberty to move HC..oh you are not a student of Karnataka, just want to be in limelight.

    • 22 Sept 2022 11:45 AM IST

      Khurshid : There has to be high scrutiny of the State interest. It is assumed that there is State interest. But there is no material given for scrutiny.

      Khurshid : One of the petitioners include a Sikh woman.

      Justice Gupta : We are not dealing with that.

      Khurshid : They may also face ..

      J Gupta : We are not dealing with that. We will deal with the Sikh woman when the issue arises.

    • 22 Sept 2022 11:42 AM IST

      Khurshid: The choice of appearance and apparel need not necessarily flow from Article 25, but also the judgment of privacy. 

    • 22 Sept 2022 11:39 AM IST

      Khurshid : Issue here is I use my behavioural privacy to wear something, if that exercise of right violates the competing right of another person, then it has to be balanced. But if does not, then this behavioural privacy has to be permitted.

    • 22 Sept 2022 11:39 AM IST

      Khurshid : Issue here is I use my behavioural privacy to wear something, if that exercise of right violates the competing right of another person, then it has to be balanced. But if does not, then this behavioural privacy has to be permitted.

    • 22 Sept 2022 11:38 AM IST

      Khurshid referring to Puttaswamy judgment - on different aspects of privacy- bodily privacy, spatial privacy, behavioural privacy (which postulates a measure of privacy even while acting in public)..

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