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...
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2022-09-21 05:08:13
21 Sept 2022 3:21 PM IST
Justice Dhulia : It depends of the perception of the teacher. Teacher may also say, this is an opportunity, look at diverse country, be culturally sensitive, that can also be an exercise.
21 Sept 2022 3:21 PM IST
Venkataramani : School must be free from all these elements without slightest distractions.
21 Sept 2022 3:20 PM IST
Justice Dhulia : What is the teacher's point of you?
Venkataramani : I want a free atmosphere without any wall of separation.
J Dhulia : Hijab creates a wall of separation?
V : Any religious symbol.
21 Sept 2022 3:20 PM IST
Justice Dhulia : Your argument is you have the fundamental right of expression outside school and once you are in the school the rights get shrinked?
Venkataramani : And different shape they take.
21 Sept 2022 3:05 PM IST
Venkataramani : I am standing here for a teacher. In a school, the trasnmission of knowledge should happen between the teacher and the student without any separation or walls. School is a very unique public space and public order derives a different connotation there.
21 Sept 2022 3:01 PM IST
Justice Gupta : Rights they are claiming under Part 3. They claim a primary right under Article 25, right under Article 19, ..and that the restrictions do not come under 19(2) and wearing of hijab is permissible.
21 Sept 2022 3:01 PM IST
Venkataramani : The varied constitution provisions which are invoked in the case, are they really invocable. If I have an Art 25 right, will it be an Art 19 problem? Clarity required for making a constituional claim.
21 Sept 2022 3:01 PM IST
Venkataramani : The contours of freedom of expression has a certain front. If right to religion covers it, you don't have to latch on to right to freedom of expression.
Justice Dhulia : Mr.Venkataramani, can you make it simpler?
21 Sept 2022 2:56 PM IST
Venkataramani : Rights are exercised in their respective domains. If one right is projected onto another, it can become problematic. Dividing line can be thin. Court will be clear in finding where excactly the claim will fit in.
21 Sept 2022 2:54 PM IST
ASG concludes.
Sr Adv R Venkataramani appearing for a teacher of Udupi college.
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