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

LIVELAW NEWS NETWORK

19 Sep 2022 7:28 AM GMT

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

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.

    A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.

    The SLPs have been filed against the judgment dated March 15 passed DAY 6by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

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    Live Updates

    • 19 Sep 2022 10:17 AM GMT

      Dave refers to passage in Shiru Mutt case which says propagation of religion can taken place in a "parlour meeting" also.

      "So it can take place in a school also"- Dave.

    • 19 Sep 2022 10:16 AM GMT

      Dave : I may not follow my own Mulla, or Pandit or Guru. It does not matter.

    • 19 Sep 2022 10:15 AM GMT

      Dave : Religious right is individualistic, it is the choice of an individual.

    • 19 Sep 2022 10:14 AM GMT

      Dave refers to Shirur Matt case.

    • 19 Sep 2022 10:03 AM GMT

      Justice Dhulia says there is a US decision which holds that a golf course is a public place.

    • 19 Sep 2022 10:03 AM GMT

      Justice Gupta : It was a tradition, whenever one goes to respectful places, head is covered.

      Dave : And classroom is a respectful place. Look at our Prime Minister. How beautifully he wears turbans on important days...it is a way to respect the people.

    • 19 Sep 2022 9:59 AM GMT

      Dave : The Bar Council of India prescribes a dress code. If tomorrow, I come to a Court wearing a cap, will your lordships stop? It was the tradition of lawyers to wear caps or turbans in court rooms.

    • 19 Sep 2022 9:59 AM GMT

      Dave : Where does that come from? There is no such restriction..

      Justice Dhulia : Argue on that.

      Dave : The fundamental rights I have I can exercise anywhere, whether in my bedroom, or classroom.

    • 19 Sep 2022 9:58 AM GMT

      Justice Dhulia : The problem the High Court sets for itself is whether it is essential religious practice, it holds it is only directory, it discusses fundamental rights and says when it comes to class room, there is no fundamental right.

    • 19 Sep 2022 9:57 AM GMT

      Dave : The High Court judges have not really understood what Constitutional morality is, what Constitutionalism is and what Constitutional philosophy is.

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