Hijab Ban- Karnataka High Court Full Bench Hearing (Day 9)- LIVE UPDATES

Povayya: I will now come to the test of necessary in a democracy. A lady or a man can wear religious attire when they go to pray. When a Pooja is going on, the person may have an angavastram. But when the same gentleman comes to a secular activity..

Poovayya: If institution allows religious symbols, then the students who do not wear them will be regarded as areligious within the community. Then where is cohesion? Where is public order?

Justice Dixit : To that extent, you sail with Advocate General?

Poovayya : Absolutely.

Poovayya: I have hundred Muslim children in my school, if 5 to 8 want to wear, if I allow them, remaining 95 Muslim children are led to say they are irreligious and only girls who wear are religious? I thing it will be considered areligious.

Poovayya quotes from Turkish decision : Allowing Islamic headscarf in educational institution will amount to discrimination between practicing Muslims, non-practicing Muslims and non-believers.

Poovayya referring to LEYLA ŞAHİN v. TURKEY, a Turkish decision which upheld restriction on wearing Hijab in a higher educational situation.

Poovayya: A lot of Turkish and South African judgements have been brought on record. But nobody looks at the analysis.

Poovayya now comparing Article 25 and Article 9 of European Convention on Human rights.

Poovayya: I cannot teach these students Physics, Geography and Chemistry and tell them to come in religious attire.

Poovayya: Are the petitioners asking to bring in all religious attires? Then it is not secular education. Secular education is not just about academia. Schooling is about overall development.

Poovayya : In Sabarimala judgment, Justice Nariman says peace and tranquility is public order. To maintain cohesiveness in educational institution is tranquility. It is public order. Law and order is only a small subset of public order.