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

Dave : You don't hurt anyone, that is the limitation to religious right.

Dave : Everybody looks at Lord Almight in different ways. Those who to Lord Ayyappa in Kerala, they go in black dress..look at our Kanwariyas, today they walk with music vans and dancing to Lord Shiva...everybody has right to enjoy religious freedom in the most personalized way.

Dave : The test is not essential religious practice, but religious practice.

"the community may speak with more than one voice and the formula would, therefore, break down" - Dave quotes from the decision.

", whereas another section contends that yellow dress and not the white dress is the essential part of the religion, how is the Court going to decide the question?"

"This formula may in some cases present difficulties in its operation.Take the case of a practice in relation to food or dress. If in a given proceeding, one section of the community claims that while performing certain rites while dress is an integral part of the religion itself

Dave quotes from the decision - "In deciding the question as to whether a given religious practice is an integral part of the religion or not, the test always would be whether it is regarded as such by the community following the religion or not..."

Dave referring to "Tilkayat Shri Govindlalji ... vs The State Of Rajasthan" judgment.

Dave : The judgments referred to in the circular have no relation with the issue.

Justice Dhulia : The problem there was, they were dealing with the 5th February Circular (of Karnataka Govt) and the Circular said these judgments held it is not essential and left it to committee..so in that context, they had to deal with essential religious practice.