Hijab Ban : No Religious Dress In Colleges During Pendency Of Case, Says Karnataka High Court| LIVE UPDATES [Day 3]

Chief Justice : We are considering the issue whether wearing of head scarf comes within fundamental right under Article 25. One more question which may require consideration, is whether wearing of head scarf is part of essential religious practice.

Kamat says that in the GO the State has made a declaration that head scarf is not a part of religion. That is why the challenge to the GO is important.

Advocate General interrupts. Kamat objects - This is not a street. I respect the AG and I expect a modicum of respect back. This is not how the Advocate General of State must be making submissions.

Kamat : Our fundamental right is held hostage to some school committee. The GO says prohibition of head scarf is not a violation of Article 25. The GO is not as innocuous as the State says.

Kamat : Let them continue to wear headscarf of the same colour and continue going to college.

The state is playing by the fire. In the GO, State says that head scarf is not a religious practice and discretion is given to CDC to decide. 

Kamat : This is not a issue of uniform. The students were wearing uniform. They only wanted to wear the head scarf of the same colour. The State has issued a GO saying head scarf cannot be worn. This is part of their religious culture. This is an innocuous practice.

Chief Justice : Things were coming back on track after covid, but now this has happened and it is not a good situation.

Chief Justice : It should be the concern of everyone that educational institutions should start at the earliest and all these issues shall be decided by the court. Our endeavour should be that education of students should start.

AG: Without insisiting on particular dress code, they must adhere to the dress code as of today. Subject to what lordhsips hold. As a state, we are concerned apart from Law and Order issues.

Advocate General : We want to start the institutions. We want the children to come. But we cannot start with one set of students coming with head scarfs and another set coming with saffron shawls. They must go back to status quo ante.