Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

LIVELAW NEWS NETWORK

20 Sep 2022 4:45 AM GMT

  • Hijab Ban- Supreme Court Hearing- DAY-8 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.

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    FOLLOW LIVE UPDATES OF TODAY'S HEARING HERE:

    Live Updates

    • 20 Sep 2022 10:19 AM GMT

      Bench concludes arguments for today.

      To continue tomorrow.

    • 20 Sep 2022 10:19 AM GMT

      Kar AG Navadgi: Protecting every aspect of religion becomes practically impossible. Therefore, the theory of essential religious practice was evolved. 

    • 20 Sep 2022 10:15 AM GMT

      Justice Gupta : In Shirur Mutt, they rejected the Attorney General's essential religious practice.

      Kar AG shows a sentence from Shirur Mutt -what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.

    • 20 Sep 2022 10:14 AM GMT

      Kar AG : An impression was given to your lordships that Shirur Mutt said protect every religious practice. But a close reading of it shows the concept of essential religious practise originated in Shirur Mutt case and was repeated in Durgah committee.

    • 20 Sep 2022 10:09 AM GMT

      Kar AG : State can regulate secular activities related with religion but not religion itself.

      Shirur Mutt say you find the answers in religion itself, it did not say you cannot go to Court.

    • 20 Sep 2022 10:09 AM GMT

      AG : There is a distinction between religious matters and social political and economic matters associated with religious matter which State can regulate. State cannot say for example what pooja to be performed, but can regulate administration...

    • 20 Sep 2022 10:02 AM GMT

      AG : Shirur Mutt does not say court cannot go into essential religious practice question.

    • 20 Sep 2022 9:57 AM GMT

      SG concludes. Karnataka Advocate General now making submissions.

      AG says there is no conflict between Shirur Mutt and Durgah committee.

      Justice Gupta : Bench has noted.

    • 20 Sep 2022 9:54 AM GMT

      SG : For me this is not a matter of religion at all, this is a matter of uniform conduct among all students.

    • 20 Sep 2022 9:54 AM GMT

      SG : This occasion will arise if somebody goes to Court saying it is my essential practice. But the Court will decide based on constitution..

      Justice Dhulia : But that has not been done in the case, you agreed to that candidly.

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