Hijab Ban- Supreme Court Hearing- DAY-10 Live Updates

LIVELAW NEWS NETWORK

22 Sep 2022 5:05 AM GMT

  • Hijab Ban- Supreme Court Hearing- DAY-10 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 by 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.

    Live Updates

    • 22 Sep 2022 7:15 AM GMT

      Kamat : High Court says pleadings are "militantly is absent". I don't know what English is this. There is no question of militancy here.

    • 22 Sep 2022 7:12 AM GMT

      Justice Gupta : In a writ petition, there is a mention that she was wearing hijab...

      Kamat : And there is no counter-affidavit controverting this fact.

    • 22 Sep 2022 7:09 AM GMT

      Kamat : They made a grandiose statement that till 2021 nobody wore hijab and this happened suddenly in 2022. HC also says there is no pleading in the writ petition that you were wearing hijab since admission.

    • 22 Sep 2022 7:07 AM GMT

      Kamat : High Court has supplied reasons to the GO. How can the High Court come to the aid of the Govt?

    • 22 Sep 2022 7:05 AM GMT

      Justice Gupta : Don't take it to illogical ends. You want it to be decided by the police or state cabinet or the Principal?

    • 22 Sep 2022 7:05 AM GMT

      Kamat : So the circular says students should wear clothes going with unity, equality and public order. Who has to decide?

      Justice Gupta : Principal will decide.

      Kamat : Principal can't decide public order. It is a State subject.

    • 22 Sep 2022 7:02 AM GMT

      Kamat : In the pleadings of State, the ground of public order is taken in the counter.

    • 22 Sep 2022 6:59 AM GMT

      Sr Adv Devadatt Kamat says the Kannada word used in circular is for "public order", and the same word is used for "public order" in the official Kannada translatation of Constitution, and so State can't say it does not mean "public order" and that it means "law and order"

    • 22 Sep 2022 6:53 AM GMT

      Justice Dhulia : So 19(2) means statutory law only?

      Alam : Yes.

    • 22 Sep 2022 6:53 AM GMT

      Alam says a recent decision also holds executive instruction is not a "law" to restrict Article 19 rights. 

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