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Hijab Ban In Karnataka- Supreme Court Hearing- Day-2 -LIVE UPDATES

LIVELAW NEWS NETWORK

7 Sep 2022 7:47 AM GMT

    • Hijab Ban In Karnataka- Supreme Court Hearing- Day-2 -LIVE UPDATES

    Supreme Court will continue the hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on the wearing of Hijab by Muslim girl students in some schools and colleges in the State. A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear the matterIn the last hearing of the matter, the main arguments were started by Senior Advocate...

    Supreme Court will continue the hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on the wearing of Hijab by Muslim girl students in some schools and colleges in the State.

    A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear the matter

    In the last hearing of the matter, the main arguments were started by Senior Advocate Sanjay Hegde who stated that the Court did not need to go into the broader questions in the case, as it could be decided solely on the narrow point of whether the State Government had the power under the Karnataka Education Act, 1983 to prescribe the uniform. The arguments raised by Senior Advocate Hegde in the last hearings included a woman's right to elect to dress modestly, that scarf was already a part of uniform as a Chunni was permitted to be worn and; that the government did not have the power to prescribe uniform. Per contra, the Additional Solicitor General, K.M. Nataraj, appearing for the State of Karnataka had stated that the issue was very limited, and pertained to discipline in school alone. The Advocate General of Karnataka, Prabhuling Navadgi had also submitted that there was no government interference in the matter and the decision of permitting students to wear Hijab had been left to the College Development Councils.

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    Live Updates

    2022-09-07 07:47:18
    • 7 Sep 2022 9:57 AM GMT

      Kamat : Now coming to Article 19. It has been held that right to freedom of expression includes dress. 

    • 7 Sep 2022 9:55 AM GMT

      Kamata : The amendment was negatived. Dr.Ambedkar does not accept this.

      Kamat : Now coming to Article 19. It has been held that right to freedom of expression includes dress. 

    • 7 Sep 2022 9:53 AM GMT

      Kamat : The amendment was moved by one Mr. Tajammul Hussain. "No peson shall have any visible sign or mark or name and shall wear any dress where any religion is recognized".

    • 7 Sep 2022 9:49 AM GMT

      Justice Gupta : Why the Constituent Assembly rejected the amendment (to prohibit display religion in public).

      Kamat : Dr.Ambedkar said it was not needed, I will place the debates.

    • 7 Sep 2022 9:47 AM GMT

      Justice Gupta : Even in the absence of the word, we were secular. Secularism and socialism as words were added in Constitution as political statements later. 

    • 7 Sep 2022 9:46 AM GMT

      Kamat : And the Government is resurrecting a provision proposed in the Constituent Assembly Debates which sought to prohibit display of religion in public.

      Justice Gupta : Secularism was not there in the original constitution.

      Kamat : Word was not there but the spirit was there.

      Justice Gupta : I am talking about the word. 

    • 7 Sep 2022 9:44 AM GMT

      Kamat : The question is about reasonable accommodation not about whether visible or not.

    • 7 Sep 2022 9:44 AM GMT

      Justice Gupta : Rudraksh or Cross is different. They are worn inside dress, not visible to others. There is no violation of discipline. 

    • 7 Sep 2022 9:43 AM GMT

      Kamat : And the GO is against positive secularism. It is targeting one community.

      Justice Gupta : Your reading of GO may not be correct, because it is only one community which wants to come in religious dress.

      Kamat : When I used to go to school, I used to wear namam. Students wear Rudraksha, Cross, namam.

    • 7 Sep 2022 9:42 AM GMT

      J Gupta : What is the diktat of the GO?

      Kamat : The mighty State is telling that Hijab is no part of Article 25 and asks School Committees to decide.

      J Dhulia : So the school commitees have no option but to ban?

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