Hijab Ban- Karnataka High Court Full Bench Hearing (Day 7)- LIVE UPDATES

AG : The Shirur mutt judgement was read as if dress and food would automatically qualify as Essential Religious Practice. But this has to be understood in the light of the subsequent judgment which says a pragmatic approach should be taken

AG quotes from the above judgment to say that issues like dress or food and mundane activities cannot be regarded as part of religious practices and a pragmatic approach should be taken.

AG refers to "A.S. Narayana Deekshitulu Etc vs State Of Andhra Pradesh"

"..which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress". AG continues - The other side read out this to argue food and dress can also form part of religion. But kindly see how this has been clarified

AG refers to Shirur Mutt case - This sentence was read out by other side to say dress also forms part of religion.

"A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship..

AG: In the context of hijab, I wanted to bring to the notice, that Supreme Court has said why food and dress should not be considered as Essential Religious Practices.

AG refers to the Sri Venkataramana Devaruand case, and says there the SC did not accept the plea that Gowda Saraswat Brahmins can claim a right that other communities cannot be allowed access in Moolky temple.

AG : Lastly, it is held that the foundation of the religion should be that practice.

AG : There are three test to determine if a practice is essential religious practice :

1. Is this part of core belief?

2. Is this practice fundamental to that religion?

3. If that practice is not followed, will the religion cease to exist?

AG quotes from the above judgment : "alterable parts or practices are definitely not the 'core' of religion where the belief is based and religion is founded upon. It could only be treated as mere embellishments to the non- essential part or practices".