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

Khurshid : We have also argued that Article 51A also provides for composite culture, humanity, diversity. Something can't be picked from 51A to say you have to become unitary.

Khurshid : After Maneka Gandhi judgment, there are no silos left in fundamental rights. They have to be looked together.

Khurshid : There was a mention of Babri Masjid judgment holding praying in a mosque is not an essential practice. Quran does not say you pray in a mosque. Nothing can be drawn from that.

 Khurshid : Essential practice test was developed to balance the rights, to remove things which have grown on religion, so that religion does not suffer.

Khurshid : Nothing can be drawn for the present purposes from the Triple Talaq judgment.

Justice Gupta : Then why it was argued that triple talaq was an established practice.

Khurshid : Some people argued, I was an amicus in that case. Judgment finds its core in Justice Joseph's judgment which say there is nothing in Quran justifying triple talaq.

Khurshid : In Shayra Bano, Justice Kurian Joseph's judgment clearly says Quran does not permit triple talaq. He says, he has gone through all verses of Quran and that there is no provision for triple talaq.

Khurshid : In Mexico, the President of Mexico could not go to church in public as they believe there has to be strict separation between state and religion. So it varies from society to society.

Khurshid : Second point on essential practice, it is evolved to balance one rights against other. The issue is also of concience, of culture, of privacy, all these are available not just an issue of essential practice

Khurshid : France and Turkey were mentioned. In France, you can't even show a cross. I don't know if wearing of turban has been tested finally in France. General proposition in France, anything religious is not to be exhibited in public.

Senior Adv Salman Khurshid now making rejoinder - One argument was raised was about Qureshi judgment on cow sacrifice. There is nothing in Quran that a particular animal has to be sacrificed.

J Gupta : There is an option given of animal. camel, goat..

Dave : There can't be an estoppel against a Constitutional provision even if a prayer is made.

Dave : Court acts as a sentinel on the qui vive, the ultimate guardian of the fundamental rights of the citizens. As the sentinel on the qui vive, lordships must allow our prayers.

Dave : High Court is to look at the law, even if there is a prayer, the High Court has to go by the Constitution. Even if there is a concession, there can't be a concession against the Constitution.