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

LIVELAW NEWS NETWORK

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 1:01 PM IST

      Kar AG : The High Court judgment says the relationship between school and students is quasi-parental.

    • 21 Sept 2022 1:01 PM IST

      Kar AG : Right to privacy is a developing jurisprudence. Puttaswamy judgment says privacy right can't be exercised in all zones

    • 21 Sept 2022 1:01 PM IST

      Kar AG : They have not established it as freedom of expression under 19(1)(a). Bacchan Singh's judgment dominant objective test will apply.

    • 21 Sept 2022 1:00 PM IST

      Kar AG : Two, it is a case of school versus students. Not Govt vs Students. They have not established it is an essential right.

    • 21 Sept 2022 1:00 PM IST

      Kar AG : To summarize, one, action of State in issuing the circular must be viewed from the language used in it. All it says is follow Rule 11. So it cannot be impugned on other grounds. In the absence of challenge of Rule 11, the school code will prevail.

    • 21 Sept 2022 1:00 PM IST

      Kar AG quotes from Puttaswamy - right to privacy can be limited on grounds of compelling public interest.

      "This right to wear hijab in defiance of school rules, whether it is a fundamental right, it needs to be examined, not on the basis of a general statement"

    • 21 Sept 2022 1:00 PM IST

      Kar AG from Puttaswamy - fundamental right to privacy has limitations...varies from cases to case...

      "This is what I want to say, there canot be a general right to wear dress. It varies from case to case".

    • 21 Sept 2022 1:00 PM IST

      Kar AG : Your fundamental right is circumsribed by regulations..I will show another paragraph..from Justice Chelameswar...

    • 21 Sept 2022 1:00 PM IST

      Justice Dhulia : You are drawing a parallel between building regulations...

    • 21 Sept 2022 12:59 PM IST

      Kar AG quotes from Puttaswamy - the right to privacy of individuals is conditioned by regulations...subject to rights of others to lead an orderly life...

      Kar AG : Possibly, this para answers Sibal's queries.

      Justice Dhulai : It does not.

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