Advocate General of Karnataka : After some students started protesting for hijab, another set of students wanted to wear bagwa shawls. This led to a situation of unrest and in this backdrop the Government Order was issued on Feb 5.
Justice Dhulia : How the discipline of school is violated if hijab is worn?
Bench now turns to State of Karnataka
ASG Nataraj : The issue is very limited, it is only the issue of discipline in school. They are taking to other issues.
Hegde : If I am representing many girls who can have a via media, that is also the issue.
J Gupta : Chunni is different, can't be compared to hijab. Chunni is used to wear shoulders....
Hegde : Or in front of elders.
Justice Gupta : No, that's not the culture in Punjab. People don't cover their heads in presence of elders in Punjab.
Hegde : The question is can education be denied..
Justice Gupta : The State says you have to wear uniform, and your argument is you are over wearing it...
Hegde : I am saying scarf is already a part of uniform, because chunni is allowed.
Justice Gupta : It might be a religious practice, but the question is can you take Hijab to a school where a uniform is prescribed.
Justice Dhulia : Strictly speaking it (#hijab) might not be a religious practice.
Hegde : It helps my case if it is not a religious practice.
J Dhulia : Can everybody agree on that?
Hegde : No, some questions are not for everyone to concede.
Justice Dhulia : Where is the religious practice here? It is not a religious practice.
Hegde : There are better minds than be to address that. There are Quranic verses.
J Dhulia : Religious practice in the sense, there might be a religious aspect, but strictly speaking
Justice Dhulia to Hegde : You are taking us through the byelanes, take us through the highway.
Hegde : Sometimes it is safe to stay away from the highway. The highway has already been set out in the reference to the 9-judge bench.
Hegde refers to Sabarimala reference