Hijab Ban- Supreme Court Hearing- DAY-5 Live Updates

Sondhi about Nigerian judgment : Two, for Muslim girls it gives a sense of modesty.

Justice Dhulia. : Can you take us through those portions?

Sondhi reading out the relevant paragraphs.

Justice Dhulia : What were the facts of the case?

Sondhi : The State of Nigeria had imposed a ban on wearing hijab except on religious days. The Court reversed it by 5:2 majority. The majority judgment was on three fold - one, scriptures mandate it, two,

Sondhi reads out portions from judgment of Supreme Court of Nigeria which state that Quranic verses mandate female Muslims must observe covering of their heads.

Sondhi referring to a recent judgment of the Supreme Court of Nigeria which held that the presciption against wearing hijab in schools was illegal.

J Dhulia - How is Dr.Ambedkar's quote relevant here?

Sondhi : That a citizen must not be burdened with choosing between two rights. That is the predicament which the girls are facing.

Sondhi quotes Dr Ambedkar's statement that a person without employment might be forced to choose a job with less jobs and rights - unemployed are forced to waive fundamental rights.

This is the Hobson's Choice, which the girls here are forced - Sondhi

Sondhi refers to National Education Policy, says it emphasizes on inclusive education.

Sondhi refers to Sachar Committe report, says it concluded that Muslim women were facing discrimination due to practices of wearing hijab, burka.

Sondhi : In effect, many girls have been forced to make a choice, and they are forced out of education.

Justice Gupta asks Sondhi to conclude soon

Sondhi : I will take only 5 more mins.

Sondhi : There could be intra-faith differences, so the fact some girls choose not to wear is besides the point.

Sondhi quotes from US decision: State must show the justify intrusion into religious practice by showing it as the least possible intrustion in the legitimate state interest.