Hijab Ban- Supreme Court Hearing- DAY-7 Live Updates

Hearing to continue tomorrow at 11 AM. Dave to continue till 1 PM.

Bench says that after Dave's argument, no one else will be allowed from the petitioners' side.

Dave : We may like it or may not like it, but that does not affect their right to wear hijab.

Dave quotes from Ratilal Gandhi case - "in cases of doubt, a the court should take a common sense view".

Can we say from a common sense view that hijab is not an essential practice.

Dave quotes from Ratilal Gandhi case - no outside authority has right to say these are not essential religious practices.

Dave says that Shirur Mutt case does not hold that freedom of religion extends only to essential religious practices and uses the phrase "religious practice" without any qualification.

Dave quotes from Shirur Mutt- freedom of religion extend to not only religious beliefs only but also religious practices. Not "essential" religious practices, Dave highlights. 

Dave : If there cannot be essential religious practice test for 25(2)(a), it cannot be there for 25(1).

Justice Dhulia points out that when Shirur Matt judgment rejected the Attorney General's argument about essential practice, it was in the context of Article 25(2)(a) and asks how can it be relevant for right under 25(1).

Dave : Your lordships must give due weightage to the South African court, UK Court, French court. Our court has extensively borrowed from other jurisdictions.

Dave : If a Muslim woman thinks that wearing of hijab is conducive for her religion, no authority, no court can say otherwise.