Hijab Ban- Supreme Court Hearing- DAY-9 Live Updates

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21 Sept 2022 10:38 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-9 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 DAY 6by 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- DAY 1

    Live Updates

    • 21 Sept 2022 11:14 AM IST

      Kar AG referring to Justice Kurian Joseph's judgment in Shayra Bano case.

    • 21 Sept 2022 11:12 AM IST

      Kar AG : Everything said in Quran may not be essential. Please see Shayra Bano judgment, where the concept of triple talaq was tested.

    • 21 Sept 2022 11:11 AM IST

      Justice Gupta : In Punjab, there are not many Muslim families. When I visited UP or Patna, I have interacted with Muslim families and have seen women not wearing hijab.

    • 21 Sept 2022 11:11 AM IST

      Kar AG : I have also lived in cosmopolitan atmosphere, and I have not seen many women wearing hijab.

    • 21 Sept 2022 11:11 AM IST

      Justice Gupta : I can share something, I know someone in Pakistan,a judge of Lahore High Court, he used to visit India, he has a wife and two daughters, I have never seen those little girls wearing hijab at least in India.

    • 21 Sept 2022 11:10 AM IST

      Kar AG : On plain reading of text, it is not mandatory. We have large number of mothers and sisters who do not wear hijab. We have countries like France or Turkey where hijab is prohibited. Woman not wearing hijab does not become less Muslim. I

    • 21 Sept 2022 11:10 AM IST

      Justice Gupta : Mr.Pasha has said that there are 5 aspects of Islam are mandatory. According to Mr.Pasha, these will fall under the head "thowheed". So it is part of obligation of Muslim women to wear it. So to what extent thowheed is essential we would like to know.

    • 21 Sept 2022 11:06 AM IST

      Kar AG : If we are to accept whatever said in Quran to be essential, it will defeat the tests of essentiality. One test is whether it will change the nature of religion. Safest test. If every aspect of Quran, with great reverence, may be religious, but not essential 

    • 21 Sept 2022 11:05 AM IST

      Kar AG : Merely because something is mentioned in Quran it may not essential..

      Justice Gupta : In Qureshi judgment, what is said is cow slaughter is not a mandatory as there is an option given for goat slaughter..

    • 21 Sept 2022 11:04 AM IST

      Justice Gupta asks if the book "Hamilton's translation of Hedaya Book"- which is referred in Qureshi judgment is available. Judge asks to find out if it is available in SC library.

      Kar AG says he will procure it. Adv Shamshad says he can get it post-lunch.

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