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

AG quotes from the above judgment : "If the taking away of that part or practice could result in a fundamental change in the character of that religion or in its belief, then such part could be treated as an essential or integral part".

AG quotes from the above judgment : "Test to determine whether a part or practice is essential to the religion is to find out whether the nature of religion will be changed without that part or practice"

AG quotes from the above judgment : "Essential part of a religion means the core beliefs upon which a religion is founded. Essential practice means those practices that are fundamental to follow a religious belief".

AG refers to the case "Commissioner Of Police & Ors vs Acharya J. Avadhuta", where the question was Ananda Margis can perform Tandava dance in public street.

AG: According to me the Ananda Margi case has completely dealt with the subject.

AG : "The protection under Articles 25 & 26 of the Constitution is with respect to religious practice which forms an essential and integral part of the religion. A practice may be a religious practice but not an essential & integral part of practice . The latter not protected"

AG : The plea of the petitioners in that case (Javed v State of Haryana) was that Islam allows more than one marriage. So the argument was the disqualification for more than marrying once impacts Article 25.

AG refers to Javed v State of Haryana (2003) 8 SCC 399 where a Haryana law prohibiting people with more than one marriage were prohibited from contesting elections.

AG quotes from Dargah committee judgment : "Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art. 26 may have to be carefully scrutinised"

AG quotes from Dargah committee judgment:"Similarly, even practices though religious may have sprung from merely superstitious beliefs and may in that sense be extraneous and unessential accretions to religion itself.

AG : "..regarded by the said religion as its essential and integral part; otherwise even purely secular practices which are not an essential or an integral part of religion are apt to be clothed with a religious form and may make a claim for being treated as religious practices"