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

Dave refers to Maneka Gandhi decision - right to life includes right to live with dignity

Dave and Solicitor General Tushar Mehta making some friendly exchanges.

"Some Gujarati connection we have, it goes long way back from when young Tushar Mehta joined the bar, he is a good friend..despite differences" - Dave

Dave : Like, how a Hindu woman covers her head,it is very dignified.

Justice Gupta: The definition of dignified has changed a lot, and keeps changing. 

Dave : Article 21 has a facet of dignity. Dignity is important in the case. Hijab adds to the dignity of the woman. 

Dave refers to "IR Coelho" judgment to say Article 14, 19 and 21 can apply together.

Dave quotes from "Superintendent v Ram Manohar Lohia" - Public order is synonymous with public peace, safety and tranquility".

"So this ground is not available to the State. Nobody's peace is violated, safety is violated and tranquility is violated".

Dave now on the point of Public Order - Public order is the only ground, the grounds of health and morality do not come into quesiton..

Dave refers to the order in Sabarimala review

"Your lordships always await larger bench decisions. For example a petition comes in a tax matter, and another SLP is pending, court says tag along with that".

Dave : How can the High Court say rights are violated? The women want to wear hijab. Whose rights are violated? Other students' rights?

Justice Gupta : Young Lawyers case held not on the basis that women have the right to enter temple, but on ground of Article 15.

Dave : No, court held Article 25 rights violated..now it has been established that everyone can enter temples