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

Justice Dhulia : So anything more than uniform is not permitted? But somebody may need spectacle due to poor vision.

SG : Spectacles are not part of religion.

Justice Dhulia : What about muffler?

SG : If it does not show your religion, why not? But not a skull cap.

SG : Suppose the uniform says short pants and if it can't be worn without belt, may be...uniform means uniform.

Justice Gupta : So you are saying uniform means uniform with no addition or subtraction...so what about a belt?

SG : There cannot be dress showing religious identity when I am in a secular education..suppose Bar Council of India tomorrow prohibits wearing of tilak is not allowed, it will have to go. And tilak is not part of essential religious practice.

SG : Level of discipline cannot vary from individual to individual..and this is for uniformity not harming anyone.

Justice Dhulia : They are not saying they are not wearing uniform...for example a child may wear mufler.

SG refers to a US decision regarding restrictions on growing hair in police forces.

Justice Gupta : We have a parallel decision, of the airman not being allowed to wear beard. But the level of discipline in armed forces is different from the one expected from students.

SG refers to a decision of US Supreme Court - SG says these decisions are mentioned in an article written by him in 2020 when instances of lawyers appearing in casual dress in VC hearings occurred. SG says during free time then, he researched on the law on the issue &found these.

SG refers to a US decision- A lawyer comes to court wearing a cap saying it is part of operation thunderstorm, judge takes objection. Court held restriction in such a regulated forum will be upheld if it is reasonable and view point -neutral.

SG addressing 19(1)(a) argument of petitioner that hijab is part of expression - 

SG : There are Constitutionally Islamic countries where women are fighting against hijab.

Justice Dhulia : Which country?

SG : Iran. So it is not an essential religious practice. Mention in Quran will not make it essential, it may be a permissible or ideal practice.