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 2:18 PM IST

      ASG : Otherwise what happens is that there will be discrimination on the basis of religion in a secular institution. Today one person says it is my right to wear hijab. Another person will say he wants to wear shawl. Another person will want something else.

    • 21 Sept 2022 2:17 PM IST

      Justice Dhulia : Equal protection of law means different thing.

      ASG : Equal protection of law is not treating differently. No separate law for separate religions.

      Justice Gupta : In other words, you say there is no classification among the students.

    • 21 Sept 2022 2:17 PM IST

      Justice Dhulia : It also says "equal protection of law".

      ASG : All are given equal protection of law. Somebody is not treated separately. Students as a whole has been made a class. Religion is a dividing factor. Students have been put together as a single class.

    • 21 Sept 2022 2:17 PM IST

      ASG : So Article 14 is protected here. What has been done by a positive State action is to promote Article 14.

      Justice Dhulia : You are implementing Article 14?

      ASG. :Absolutely.

      Justice Dhulia : Please read Article 14.

    • 21 Sept 2022 2:16 PM IST

      ASG : In schools, uniforms are prescribed to treat all students equally. So Article 14 steps. All communities are treated equally. That is the most appropriate. What is done by State is, all of you are equal, all of you must come in uniform irrespective of your religion.

    • 21 Sept 2022 2:16 PM IST

      ASG : What is guaranteed under Article 25 is right which individual can exercise subject to public order, morality and health and subject to other rights under part 3.

      Justice Gupta : Which other right would be relevant?

      ASG : Article 14.

    • 21 Sept 2022 2:06 PM IST

      Justice Gupta : So in short you have said comply with uniform rule.

      ASG : We have neither prohibited nor promoted any religious activity. We are very clear and conscious of the fact that classification on the basis of religion is impermissible in institutions.

    • 21 Sept 2022 2:06 PM IST

      Matter resumes. Addl Solicitor General KM Nataraj now arguing for State of Karnataka.

      ASG : Much hue and cry is made that hijab is banned. Let me make it very clear. State has not banned hijab and it was never the intention. State has only prescribed uniform which is religion neutral.

    • 21 Sept 2022 1:03 PM IST

      AG concludes. Bench rises for lunch break. Hearing to resume at 2 PM.

    • 21 Sept 2022 1:01 PM IST

      Kar AG : The other side made many uncharitable, or unnecessary arguments that State has targeted a particular community. I deny with all vehemance. The State runs several welfare programs for minority groups. I leave it at that.

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