Hijab Ban- Karnataka High Court Full Bench Hearing- LIVE UPDATES

Kamat : I as a counsel may think hijab is regressive, may think that schools should have a uniform dress. But my views do not matter. I may not agree. What matters is the view point of a believer.

Kamat : State is an outside authority, it cannot say that wearing a headscarf is essential practise or not. It has to be seen from the view point of a believer. 

No outside authority has any right to say that these are not essential parts of religion and it is not open to the secular authority of the State to restrict or prohibit them under the guise of administering the trust estate : Kamat quotes from Ratilal Gandhi case.

Referring to the above observation in Shirur Mutt case, Kamat submits that even matters of dress can form integral parts of religion.

Kamat now refers to the Shirur Mutt case.

"A religion may not only lay down a code of ethical rules , it might prescribe rituals and observances, which are regarded as integral parts of religion, & these observances might extend even to matters of food and dress" - he quotes.

Kamat says that the Madras HC judgment mentioned in the GO was with respect to Govt's power to prescribe uniform for contractual teachers and there was no discussion of Article 25 in that case.

By referring to these judgments, GO commits a "fatal error".

Kamat : Both judgements that GO cites do not apply in our case. One is in a minority institution the other is in an all-girls school. Third judgement is of Madras HC judgement, this has nothing to do with Article 25.

Kamat now trying to distinguish the Bombay HC judgment mentioned in the GO. The girl was studying in an all-girls school and hence the Court held hijab was not necessary, he says.

Kamat says to the best of his knowledge he is not aware. "My research says there is no other contrary judgement. But I am not a final repository of knowledge".

Justice Dixit : You referred to a HC judgment which referred to an apex court of an Islamic country that wearing hijab is essential? You have any judgment of any other Islamic country or secular country taking a divergent view?