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

Sondhi referring to a US judgment regarding a Jehova's Witness person.

Sondhi refers to a Aesop fable about seving soup on a shallow bowl to a fox and a stork. Though shallow bowl is seemingly neutral, the stork can't have the soup because of the long beak. So, seemingly neutral measures can have greater adverse impact on certain categories.

Sondhi : I have had friends in law college who never wore hijab. It is a matter of personal choice ultimately. But here we are dealing with students who might perhaps be first learners in the family. We have to keep in mind the socio-economic background.

Sondhi : One of my colleagues will be placing before the Court the PUCL report which shows the adverse effect of this decision on the Muslim girls attending schools and colleges.

Sondhi : This was the case related to right of women for permanent commission for India. In that context, the Court held that what appears as innocuous and neutral may have the effect of indirectly discriminating a group and if so, it will be frowned upon by the Court.

Sondhi raises the point of indirect discrimination. Refers to the Supreme Court judgment in Lt Col Nitisha case (permanent commission for women)

Justice Hemant Gupta : Honestly, we are not entertaining any interventions, but you argue otherwise.

Matter taken

Advocate Aditya Sondhi commences his submissions