Hijab Ban- Supreme Court Hearing- DAY-9 Live Updates

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21 Sep 2022 5:08 AM GMT

  • Hijab Ban- Supreme Court Hearing- DAY-9 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 DAY 6by 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- DAY 1

    Live Updates

    • 21 Sep 2022 9:51 AM GMT

      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 Sep 2022 9:51 AM GMT

      Venkataramani : School must be free from all these elements without slightest distractions.

    • 21 Sep 2022 9:50 AM GMT

      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 Sep 2022 9:50 AM GMT

      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 Sep 2022 9:35 AM GMT

      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 Sep 2022 9:31 AM GMT

      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 Sep 2022 9:31 AM GMT

      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 Sep 2022 9:31 AM GMT

      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 Sep 2022 9:26 AM GMT

      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 Sep 2022 9:24 AM GMT

      ASG concludes.

      Sr Adv R Venkataramani appearing for a teacher of Udupi college.

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