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Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES

LIVELAW NEWS NETWORK
24 Feb 2022 8:51 AM GMT
Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES
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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 Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab....

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 Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab. This arose in view of the AG's submission that the Government Order dated February 5, which has been challenged in the writ petitions, does not prescribe any ban on hijab and that it is only an "innocuous" order which asks students to follow the uniforms prescribed by their institutions.

"What is your stand? Whether hijab can be permitted in institutions or not?", the Chief Justice raised a pointed query.

"The operative portion of the GO leaves it to the institutions", the AG submitted.

"If institutions permit hijab, you have objections?", the CJ asked further

"If the institutions are to permit, we would possibly take a decision as and when the issue arises...", the AG responded.

"You have to take a stand", the CJI reiterated.

"My answer is that we have not prescribed anything. The Order , it gives complete autonomy to institution to decide uniform. Whether students be allowed to wear dress or apprarel which could be symbol of religion, the stand of the state is.. element of introducing religious dress should not be there in uniform. As a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment", the AG replied.

AG argued that petitioners have not shown that wearing hijab is an essential religious practice in Islam and thus, the protection under Article 25 of the Constitution is not available to them.

Yesterday, the High Court clarified that the interim order passed by it on February 10, which prohibited wearing of religious dresses by students in classrooms, will apply to both degree colleges and Pre-University (PU) Colleges, where uniform has been prescribed.

The Court also clarified that its order applies only to students and not teachers.

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Live Updates

  • 24 Feb 2022 11:42 AM GMT

    Chief Justice says that the hearing will be finished tomorrow and tomorrow the Court will hear the remaining petitioners.

  • 24 Feb 2022 11:42 AM GMT

    Advocate General submits a sealed cover envelope on the progress of investigation in the complaint registered (against CFI)

  • 24 Feb 2022 11:41 AM GMT

    Kamat : I want to conclude with what Dr.Ambedkar said after the drafting of the Constitution. That however good the constitution is, if the people who implement it are bad, then it will be a bad result. The way State has implemented the good Constitution is bad.

  • 24 Feb 2022 11:41 AM GMT

    Kamat: I have cited three judgement that hijab is ERP of islamic religion. I submit that GO which is the basis for our action before our lordhsips is illegal, there is no valid restriction for exercise of Article 25

  • 24 Feb 2022 11:40 AM GMT

    Kamat : None of the counsels have disputed the two judgments of Kerala High Court, which held hijab is essential, and the Madras HC judgment which held burqa is not but headscarf is an essential practice. They have not shown any contrary judgment.

  • 24 Feb 2022 11:38 AM GMT

    Kamat : Hadith stands on the same footing as the Quran as per Justice Nariman's judgment in Shayara Bano case.

  • 24 Feb 2022 11:36 AM GMT

    Kamat : Khimer is a veil, it is like a ghoongat.

    Kamat refers to Justice Kurian Joseph's judgment in Triple Talaq case to say what is mentioned in Quran has to be followed. Second source is Hadith. Hadith is as authoritative as the Quran itself.

  • 24 Feb 2022 11:36 AM GMT

    Kamat: http://Quran.com is a compilation of various authors including Syed Yusf Ali. It is not an unauthorised translation. The verses in quran clearly say.

    CJ : Where is it said?

    Kamat cites the verses. Arabic word is "khimer".

    CJ : Khimer is not a hijab.

  • 24 Feb 2022 11:34 AM GMT

    Kamat: It is ERP there is no doubt about it. There is also there is no valid restriction. In the absence of valid restriction for the court to go into the arena of ERP is not required.

  • 24 Feb 2022 11:34 AM GMT

    Kamat: Lastly I say on ERP. We had cited suras from the quran to say that this is ERP. Ld AG has said it is from http://quran.com

    CJ : First clear your stand, whether you want to say ERP or whether to attack it is not necessary to say it is ERP.

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