Hijab Row: Hearing In The Supreme Court In Hijab Case
Hijab Row: Hearing in the Supreme Court in the Hijab case today, Karnataka HC had told the Hijab ban to be correct.
The Supreme Court will hear the petitions challenging the Karnataka High Court’s decision on the Hijab controversy today.
The Karnataka High Court in its judgment held that the wearing of a hijab by students in educational institutions is not a fundamental religious practice in Islam.
After this, a petition was filed in the Supreme Court regarding this matter. Earlier, the Supreme Court had fixed September 12 as the next date of hearing in the matter.
Hijab Row: Hearing in the Supreme Court in the Hijab case. HC upheld the order banning the hijab.
On September 8, the SC adjourned the hearing on petitions challenging the Karnataka High Court’s order upholding the state government’s order banning the hijab in educational institutions in the state.
The next hearing on the hijab ban was fixed by the top court on September 12 i.e. today at 2 pm.
Senior advocate Kamat during his arguments under Article 25(2) of the Constitution raised the question, “If I wear a scarf, whose fundamental rights am I violating.”
Justice Gupta’s comment on Fundamental Rights.
To this Justice Gupta remarked, “It is not a question of violating the fundamental rights of another, the question is whether you have a fundamental right.”
Advocate Kamat said that according to Article 25(2), the State can make a law for social reform in one religion. Kamat said, “The state is pushing for the Education Act.
The question that arises for your supremacy is what is this great law, which provides for social reform? Any restriction on authority must be direct and imminent.
The High Court says that the Act is as clear as the water of the Ganges, but I submit it is completely unhygienic.’
The petitioner had compared with the Sikhs.
When the petitioners compared the turban worn by Sikhs to that of the Hiab, the Supreme Court said that the comparison would be wrong.
Justice Hemant Gupta said the turban worn by Sikhs is part of the five essential elements of Sikhism and has been recognized by the apex court as well.
To this, advocate Nizam Pasha, appearing for one of the petitioners, replied that the same condition applies to the hijab for Muslim women.