SG : Somebody's conception of a holy book can't become the only basis...some times it may be an offence as per law..that is why the Court has developed tests.
Justice Dhulia : They have said it is written in Quran and whatever written in Quran is farz..and it is not for us to decide...High Court went on a particular direction..
SG : It could have been avoided.
SG : These are beliefs, all religions have these beliefs. They won't become essential religious practice. Hinduism, Christianity, all have beliefs of heaven or hell. People say they are god-fearing. Why should we fear God? We should love God.
Justice Gupta : But one verse of Quran is referred.
SG : But that will not make it essential. It may become a permissible practice.
J Gupta : Mr.Dhar argued that after death, when God asks, at that time, it will be counted if you have violated or not.
SG : Fourth, it was a non-arbitrary exercise of power making it religion neutral. Fifth, they went before Court claiming it to be an essential religious practice but could not establish as per the settled criteria. There were no assertions, pleadings..
SG : I will summarize my arguments. There is a statutory power to prescribe uniform. There is a statutory power in the Govt to issue direction to schools to ensure compliance with rules. There was a good and reasonable justification for exercise of that power.
SG says it is a decision of European Court of Human Rights in a case from France.
SG refers to a French case.
Justice Dhulia : France is different. In France, there cannot be anything religious in public. Our secularism is different.
SG : They are not wearing hijab for health reasons.
Justice Dhulia : So if students are covering their head for health reasons, you would not have any objection.
Justice Gupta : In Karnataka the weather is not so harsh that they have to cover their heads.
Justice Gupta : In winter muffler may be necessary.
AG says winter clothes are allowed.
Justice Dhulia : If a cap of same uniform colour is allowed, why not hijab?
SG : Cap is not against unity or equality.