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

Muchhala : The question regarding integral part of religion arises when the right is claimed by a denomination under Article 26 and not when an individual is claiming freedom of conscience under Article 25.

Mucchala : When the right is claimed under A 25(1) and 19(1)(a), what matters is the entertainment of a conscientious belief by individual. When right is claimed as a matter of conscience, it is not necessary to delve into the question whether it is an integral part of religion.

Muchhala: The fact that it is being done because of the opposition of other students is recorded in GO. So it is partisan. It is totally unfair. It falls within the mischief of "manifest arbitrariness" and hence be set aside.

Mucchala : Tearing hurry is that some students is opposing it. They do not claim any religious rights. The opposition to the girls only. Is this fairness? Both sides should have been heard and brought about a solution. This is the ground of manifest arbitrariness.

Mucchala : Why the PTA committee was not consulted? What was the tearing hurry? The practice of wearing was there since the time they took admission in schools. What was the hurry in changing? 

Mucchala : On the ground of fairness they should have been heard, the parents should have been heard. They should have asked the Parents Teachers Committee. 

Mucchala : Fairness requires notice. Fairness requires being heard. PTA committee is formed to avoid any trouble in school, they are not consulted. Fairness requires notice should be given.

CJ : Was any headgear part of the uniform?

Muchhala: They are only putting one apron over their head. When we say uniform, we cannot strictly confine to dress code. What was the practice adopted at school has to be seen. It has been changed without notice.

Muchhala: Here in this case, the girls were wearing headscarf since they joined schools.

CJ : Whether it is part of uniform?

Mucchala : If a girl is wearing glasses, can it be insisted that it is not part of the uniform? You cannot take it so strictly.

Justice Dixit : Manifest arbitrariness has now become a ground to strike down plenary legislation. Based on that proposition, you can build your arguments?