Karnataka Hijab Ban-Karnataka High Court Hearing -LIVE UPDATES

Kamat refers to para 29 of the Kerala HC judgment which holds that it is "haram" to not cover the head and wear long sleeved dress.

Kamat refers to another Hadith (mentioned in Kerala HC judgment) which prescribes a punishment for not covering head and not wearing long dress.

Kamat : What constitutes an essential practise has to be determined on religions beliefs alone and not based on secular notions.

Advocate General : In this judgment, paragraph 30 is instructive.

Kamat : I will read it too.

Kamat quotes from the judgment : "Religious practice cannot be tested on the secular thoughts or any other consideration outside the religious authority".

Justice Dixit : I am asking you because you are arguing. Learned Advocate General will have to answer many other questions later.

Kamat : Ultimately it boils down to if it is an essential practice. State is competent to interfere with any non-essential religious practice on reasonable grounds. 

Justice Dixit asks what is the meaning of a passage from the judgment.

Kamat : It means a community cannot hold a state to ransom. That is the Constitutional principle. No religion or person can say we can hold state functions to ransom.

Kamat : State cannot sit in judgment saying this is not an essential practice.

Justice Dixit : Consitutional Law allows constitutional authorities to function as per the constitution. The state can make orders, but might be based on assumptive conclusions. Of course, citizen can challenge. We have not adopted doctrine of separation of powers strictly.  

Kamath: Refers to Sura 24 Aiyat 31. Court asks the portion to be read out aloud.

Justice Dixit : Whether all Quranic injunctions are essential religious practice or only if some are and some are not? What is the jurisprudence?

Kamat says that the Kerala HC judgment explains this aspect. The judgment was in the context of dress code for AIPMT.

Kamath: Source is From http://Quran.com and it is said to be authentic Quran.

Kamath: Two injunction in Holy quran have been interpreted in several decions from India to abroad. Refers to Kerala HC judgement AIR 2016 Kerala 115( which allowed wearing of hijab for Medical Entrance Test).

Kamat refers to this judgment of Kerala High Court which declared hijab as essential religious practice of Islam and allowed it in AIPMT.

Kamath reads Verse 24.31 of Holy Quran, and verse 24.33 and says these talk about head scarf or veil over head as essential religious practise.