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 6:50 AM GMT

      Shoeb Alam - he says wants to clarify court's observation regarding whether circular is "law" under Article 19(2)- definition of law under 13 is wide, definition under 19(2) is narrow.

    • 22 Sep 2022 6:50 AM GMT

      Ahmadi : I have referred to several letters of students who say that they are not allowed to enter or write exams.

      Kar AG : This will cause us some prejudice as we don't know in what context.

      J Gupta : We will go by established practice no fresh documents in rejoinder.

    • 22 Sep 2022 6:49 AM GMT

      Ahmadi : I have referred to several letters of students who say that they are not allowed to enter or write exams.

      Kar AG : This will cause us some prejudice as we don't know in what context.

      J Gupta : We will go by established practice no fresh documents in rejoinder.

    • 22 Sep 2022 6:47 AM GMT

      Ahmadi reads out from document of Karnataka State Commission for Protection of Child Rights.

      Justice Gupta (in lighter vein) : If this Commisison has decided it is a violation of Article 15 and 21, then why should we hear?

    • 22 Sep 2022 6:47 AM GMT

      Ahmadi : Your lordships had asked about evidence of drop out. I could get some documents from RTI which suggests, Karnataka State Commission for Protection of Child Rights on March 15 had written to the State that this will result in drop outs.

    • 22 Sep 2022 6:44 AM GMT

      Ahmadi : If these girls get a good education, tomorrow they can take a decision on how to dress. Education itself is empowering. This stopping can result in they going back to other education which is not secular. Don't stop this at the threshold.

    • 22 Sep 2022 6:43 AM GMT

      Ahmadi : We have a slogan "Beti bachao, beti padhao". Should it not be the priority of the state to ensure education of the girls rather than a misplaced priority on discipline which undermines autonomy and eventually results in denial of education?

      Ahmadi : What does ultimately the State gain if these students are not emancipated? 

    • 22 Sep 2022 6:42 AM GMT

      Ahmadi : It is strange that the State which should be concerned about educating girls, is concerned more about discipline and is enforcing this which can lead to denying education to girls.

    • 22 Sep 2022 6:42 AM GMT

      Ahmadi : Uniformity is confused as a fundamental duty. The judgments of this court emphasise on diversity. It is not shown hijab is impairing education or discipline.

      Ahmadi : If someone says I have to have a religious prayer and class must be stopped, that is a good ground to prohibit that observance. But as far as #hijab is concerned, no such case shown.

    • 22 Sep 2022 6:40 AM GMT

      Ahmadi : The argument was Article 25 is subject to Article 14. For that, you have to show someone else's fundamental rights are violated by someone wearing hijab. 

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