Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

LIVELAW NEWS NETWORK

16 Feb 2022 8:27 AM GMT

  • Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

    The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.

    On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.

    Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.

    Yesterday, Kamat had underscored that the declaration made by the State government that wearing of a headscarf is not protected by Article 25 of the Constitution was "totally erroneous'. It was also submitted that the conduct of the State government in delegating to the College Development Committee (CDC) to decide whether to allow headscarves or not is 'totally illegal'.

    Live Updates

    • 16 Feb 2022 11:41 AM GMT

      Muchhala: First , this impugned action is not advancing the purpose of the (Education) Act. Harmony is the real purpose of the act and measure taken by them goes against harmony and the fundamental duties.

    • 16 Feb 2022 11:40 AM GMT

      CJ : Finish your arguments today, so that we may hear the other side.

      Muchhala continues. He refers to Modern Dental College case (2016) 7 SCC 353.

    • 16 Feb 2022 11:40 AM GMT

      CJ : That you elaborate in written submissions.

      Mucchala : Give me 10 mins more.

      CJ : We have already noted. If you want to elaborate, give it in writing.

      Mucchala : Give me 10 mins tomorrow. I will not take more than that.

    • 16 Feb 2022 11:39 AM GMT

      Muchhala: Constitution takes into account the diversity that exists in the country.

      CJ : Alright Mr. Yusuf, we have understood what you are saying. You will be able to finish today. Any other point to elaborate?

      Mucchala seeks some time tomorrow to argue on proportionality.

    • 16 Feb 2022 11:38 AM GMT

      Muchhala: The purpose of the Education Act is to promote harmony and not to create dissent among students. Why govt should come out with such impugned legislation? Are we promoting common brotherhood with this?

    • 16 Feb 2022 11:38 AM GMT

      Mucchala : The object they have launched is opposed to the fundamental duty of the citizens as well, as it goes against the promotion of communal harmony.

    • 16 Feb 2022 11:37 AM GMT

      Muchhala : Why are Muslim girls who conscientiously believe that they should wear headscarf be put to a Hobson's choice regarding education and faith? Is it fair?

    • 16 Feb 2022 11:37 AM GMT

      Muchhala: All articles have to be read in conjunction with others and one fundamental right does not denude the other. Here the impact is important not the object.

    • 16 Feb 2022 10:58 AM GMT

      CJ: We have understood, that it is not necessary that it should be an Essential Religious Practice to attract Article 25.

      Mucchala : The belief has to be protected.

    • 16 Feb 2022 10:57 AM GMT

      Mucchala : Conscience is a very wide term. There are people who do not believe in God but believe in conscience. There are some who believe in the universality of all religions.

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