Hijab Controversy : Supreme Court (Supreme Court) has given harsh words, the issue of Hijab is only ban in schools, Hijab is not prohibited to be worn anywhere else. Meanwhile, the Karnataka High Court refused to lift the ban on hijab in educational institutions in the state. The Supreme Court is considering the petitions challenging this decision.
No One Stops You From Wearing Hijab – SC
On the other hand, senior advocate Devdutt Kamat, appearing for the petitioner, requested the bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia to refer the matter to a five-judge constitution bench. He argued that if a girl decides to wear hijab while exercising her rights under Article 19, 21 or 25 of the Constitution, can the government impose such restrictions on her? which would violate her rights. The bench verbally criticized this and said, ‘The question is, nobody is stopping you from wearing hijab. You can wear it wherever you want. Only school is binding. Our question is only related to school. So said the Supreme Court.
Reference to South African Constitutional Court decision
At the start of the hearing, Kamat referred during the debate to the decision of South Africa’s Constitutional Court, which required girls to wear naths at school. Justice Gupta said, "As far as I know Naths are not part of any religious practice." The bench said that women all over the world wear earrings, but it is not a matter of religious practice. Justice Gupta said, "I believe that such diversity does not exist in any other country in our country."
How can you compare India with America and Canada? – Court
Kamat referring to the US decisions, the bench said, ‘How can we compare America and Canada with our country? Referring to previous judgments of the Supreme Court, when the argument was made regarding Article 19(1)(a) of the Constitution and freedom of dress, the Bench said, "You cannot take it to an extreme."
Arguments will be held today
The bench will hear the arguments in this case on Thursday as well. Several petitions have been filed in the Supreme Court against the March 15 judgment of the High Court, which said that wearing the hijab is not part of essential religious practice, which can be protected under Article 25 of the Constitution.
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