Educational Institutions Have Right To Determine Dress: SC
Educational institutions have the right to determine the dress, the next hearing is on September 19: Supreme Court said in the Hijab case.
Controversy emerged regarding wearing hijab with school uniform and now regarding the ongoing hijab case in the court, Kapil Sibal said that this matter should be sent to the Constitution Bench.
Sibal said this demand is important because it is a matter of right whether to wear or not to wear.
On the other hand, advocate Colin Gonsalves, appearing for the student in the hijab case, said that while Sikhs have been given the freedom to keep the kirpan, wearing a turban has been approved.
When the kirpan and turban can be given constitutional protection; Then what’s the problem with the hijab?
Kapil Sibal said that the law cannot restrict expression till then. Unless it is against public order or morality and decency.
No such untoward incident has happened in Karnataka, which would create a situation for the state to intervene contrary to the Constitution.
Senior advocate Sibal said who are they to object? They have no right to object, and when did they object? He tried to make this point.
His idea was to create an environment in which the state would act. A person on the street can’t say don’t wear hijab.
Educational institutions have the right to determine the dress: The Constitution of India is a living document.
Here, lawyer Colin Gonsalves, appearing for the student, said that when protection has been given to others in the past, why can’t this protection be extended to the hijab now?
He said that the Constitution of India is a living document. It is modified according to the time and circumstances.
Advocate Prashant Bhushan argued that when the turban, tilak, and cross were not banned in schools, then why ban on hijab? It was asked to target only one religion.
