Thread by @LawBeatInd

A #KarnatakaHighCourt bench of Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit & Justice JM Khazi to resume hearing in plea(s) by girl students challenging the alleged ban of wearing #Hijab in government pre-university colleges in Udupi district. #KarnatakaHijabRow

Yesterday, one of the intervenors, Dr. Vinod Kulkarni argued that “banning #Hijab is tantamount to banning Quran” & “that allowing sporting of hijab was paramount for preserving mental health of muslim students during Ramzan & on Fridays”
lawbeat.in/top-stories/ba…

The day before, one of the petitioners lawyers drew corollaries between allowing girls to wear Hijabs to school/pre uni colleges as men in turbans are allowed in the army & bindi’s and the crucifix are common symbols in institutions #HijabRow

One lawyer for the petitioners seeks discontinuing live streaming of the hearing.
Bench: Let the people understand stand of government as well!
#HijabCircular #HijabRow

A writ petitioner is seeking to be heard by a society, bench says he is only wasting time of the court.
Some objections have come in & the bench has adjourned his WP to be heard for another date.
#HijabCircular

Government (State of Karnataka) begins. Advocate General in Court.
#HijabCircular #Hijab #HijabControversy

Government: Practice of Hijab to be accepted must pass test of constitutional morality & individual dignity as expounded in Sabarimala Judgment (Supreme Court). #HijabCircular #HijabControversy

Government: The test of rationality has to be applied vis a vis Sabarimala Judgment #HijabCircular #Hijab #HijabControversy

Government: Prescription of uniform committee was constituted in 2014 for state pre-university education.

#HijabCircular #Hijab #HijabControversy

Government: The legality of the GO in 2015 has never been challenged which lays down the concept of uniform. #HijabCircular #Hijab #HijabControversy

Government: There was no difficulty till December 2021 when uniform prescribed in 2018. When this insistence on Hijab started taking place, a meeting took place & since it was an all girls college, it was decided that only uniforms will be allowed #HijabControversy #HijabCircular

Advocate General is telling the Court that the “uniforms have been worn without any objections since 1985”!
#HijabRow

Advocate General telling court that even though the meeting put to rest all grievances between parents of children who wanted to wear Hijab and school, the protests continued. #HijabRow

Advocate General tells court that there was a “plea” to parents to please follow uniform. There was no government order or resolution to thrust on this. “In December 2022, they came to court with WP!”
#HijabRow

Advocate General who is representing the Government and college says that there is now a positive assertion in a resolution after protests continued. #HijabRow

Advocate General for Govt & colleges says that resolution with a positive assertion notes something very important. It DOES not affect rights of petitioners. It notes “whatever uniform govts have prescribes, please wear that” #HijabRow

Advocate General: This Order says - “Whatever the CDC fixes, please follow that for PU Government colleges! We (Govt) are not interfering!”
(Earlier AG had said many allegations are made for taking allegations against MLA’s etc) #HijabRow

Advocate General: Question of Proscribing or Prescribing Hijab does not arise basis the Order of the Government! We have given complete autonomy to the CDC! We have read and re-read it. No idea where they read “Hijab Ban”
#HijabRow

Court asks Advocate General as to what was the necessity of the Government Order. “You say it is innoccous, so do you have a problem if the CDC permits Hijab, you(govt) have no problem?”
#HijabRow

Advocate General says we have “revisionary powers”. “If someone comes to us and says there is a problem, we can look into it” #HijabRow

Court; Maybe you (Govt) haven’t said in so many words against Hijab but how will society will interpret?
#HijabRow

Advocate General: We didnt want to says that the insistence on wearing Hijab will disrupt the secular nature of the college and/or why headscarves are impermissible #HijabRow

Court asks the Advocate General why the need for detailed Judgments was required in the GO.
Advocate General says looking back it could have been avoided.
#hijabrow

Bench in lighter vein: Looks like they don’t pay heed to your advice.

Well they are usually pretty good themselves!: Advocate General
#HijabRow

Bench: Order of the Government is not wine that it gets better with time (legal precedent) ! #hijabrow

Advocate General : The Act which mandates uniforms says that The purpose of having a uniform is to impart secular ethos in students #HijabRow

Advocate General is explaining to the court, the nexus of the Education Rules and the applicable laws which apply to PU Colleges.
#HijabRow

Advocate General: The claim that GO discriminates against Muslim women and it has “communal basis” baseless and wrong! #HijabRow

Court: The circular which constitutes CDC, has been issued by an undersecretary. Can it be traced to mandate of Government?
Advocate General: Certainly. #HijabRow
#HijabCircular

Court: If MLA from X party or independent party .. they take up such a position & they are political characters. Whether this character should have overtone in administering institutions. This is their (petitioners) grievance #HijabRow

Advocate General says MLA being nominee has no relevance in mandates of such circular as other members part of committee tok including parents. “State strives to treat everyone equal. I stand before a constitutional court and say this.” #HijabRow #hijab

Advocate General has concluded arguments from perspective of role of government in deciding uniforms for PU Colleges #HijabRow

BREAKING: Advocate General begins submissions on question of whether Hijab will fall under “Essential Religious Practice” and whether it is a Fundamental right #HijabRow