Hijab Ban- Karnataka High Court Full Bench Hearing(Day 3)- LIVE UPDATES

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15 Feb 2022 2:10 PM IST

  • Hijab Ban- Karnataka High Court Full Bench Hearing(Day 3)- LIVE UPDATES

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions. The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

    The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.

    On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.

    Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.

    Live Updates

    • 15 Feb 2022 3:42 PM IST

      "The admirable purposes that uniforms serve do not seem to be undermined by granting religious and cultural exemptions," Kamat quotes from the SA judgment.

    • 15 Feb 2022 3:41 PM IST

      Drawing parallels from SA judgment, Kamat argues the Hijabcase is also not about uniforms and not even exemptions to uniforms but an additional cloth over the uniform.

    • 15 Feb 2022 3:40 PM IST

      Kamat refers to SA judgment : "..this case is not about uniforms, but about exemptions to existing uniforms".

    • 15 Feb 2022 3:38 PM IST

      Kamat refers to SA judgment. The Court considered the question "whether, considering the importance of the stud on Sunali, allowing her to wear the stud would impose too great a burden on the School".

    • 15 Feb 2022 3:35 PM IST

      Kamat continues referring to SA judgment : If Sonali says nose-stud is central to her South Indian Hindu culture, then the Court cannot say it is not, because outside authorities cannot decide.

    • 15 Feb 2022 3:32 PM IST

      Kamat : School submitted that infringement of Sunali's right was slight as she can wear nose stud outside. The Chief Justice did not agree saying that the removal for a short time will send a symbolic message that Sonali and her religion and culture are not welcome.

    • 15 Feb 2022 3:28 PM IST

      Kamat reads judgment : Evidence shows that the nose stud is not a mandatory tenet of Sunali’s religion or culture; But the evidence does confirm that the nose stud is a voluntary expression of South Indian Tamil Hindu culture, a culture that is intertwined with Hindu religion.

    • 15 Feb 2022 3:27 PM IST

      The full judgment of the South African court cited by Kamat may be read here:                              

      https://www.saflii.org/za/cases/ZACC/2007/21.pdf

    • 15 Feb 2022 3:26 PM IST

      Kamat : Your Lordships are very well aware of our scriptures. Our Vedas, Upanishads. The central theme is that we are not islands. The same finds echo in the South African judgment.

    • 15 Feb 2022 3:23 PM IST

      Kamat : Will heavens fall if you don't wear Hijab for few hours in school? They ask. Similar was the argument of the school in the South African case against the Hindu girl wearing nose ring.

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