Thread by @barandbench

Hijab Row: A full bench of Karnataka High Court will resume hearing at 2.30 pm in case against ban on hijab in certain colleges.

Track this thread for live updates from Day 9 of the hearing.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

The State government concluded its arguments yesterday after which other respondents started their submissions.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Hijab Row: Day 9 of the hearing

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Read LIVE UPDATES from Court here: bityl.co/B3T1

Bench assembles.

Media has reported that we will deliver judgment this week. How can we do that without completing hearing?

Sr. Adv. SS Naganand: Media is quite an unruly horse

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

SS Naganand continues

The question that arises is whether prescription of educational institutions on wearing uniform in classrooms violates freedom to practice religion: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Their pleadings are extremely vague. Naganad refers to Aadhaar card of one of the petitioners in the petition

The photograph is their without hijab. Page 29 also another petitioner without hijab. Page 32 without hijab: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy

So it is not as if these students are professing any faith in that sense that they must always be wearing hijab in public: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

They refer to a guideline which says Pre-University colleges cannot make it compulsory not to wear hijab. That is all they say: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand: Their representations only say that they are studying here and have been stopped from wearing hijab.

CJ Awasthi: This was only on 30th December

See page 16 of the statement of objections of Respondent 5 and 6. It is decided to make uniform compulsory this year as it was the previous years. This was in the year 2004: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

CJ Awasthi: You mean to say that uniform is compulsory since 2004-05?

Naganand: Yes. It has been consistently the same since 2004. There was no problem and students were attending. It is not some stray resolution.

#HijabRowInKarnataka #KarnatakaHijabControversy

Naganand: Another resolution in 2018 says "It is further resolved to maintain the same uniform as last year also."

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Then comes a problematic issue. At page 5 para 9, in an educational institution where there was peace and harmony - on 21.12.2021 some parents met the college authorities insisting that girls should be allowed to wear hijab. Principal requested that they wear uniform: Naganand

Naganand: Then some persons from Campus Front of India which seems to be a radical type to school and started insisting that the girls wear hijab. When refused they started behaving rashly and started protesting. Then Muslims girl students refused to attend classes without hijab.

CJ Awasthi: What is CFI? What is this organization?

Naganand SS: It is an organization spearheading this drum beating of hijab agitation. It is not educational organisation or representative of students. It is some organisation which comes and creates this commotion.

CJ Awasthi: Government must be having some inputs about these organizations.

Naganand: The Intelligence Bureau may probaly have it, in the light of the commotion being caused in educational institutions. Advocate General might have information.

AG Prabhuling Navadgi: I have some information. Will place it before Court in sealed cover.

CJ Awasthi: How all of sudden they have..

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Adv Tahir: If information is called on one organisation, then information about all organisations should be called for

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand: Some baseless and wild allegations have been made about ill treating students. Allegations that petitioner students have been insisted to remove headscarf by shaming them and invoking religious identity never happened.

Naganand: They are being instigated by organizations outside the college.

There is also information that some teachers have been threatened by this organization. They were scared to even lodge a complaint, but I understand some complaint has been lodged eventually.

Naganand: One more allegations is that we were scolding students. These are teachers with number of years of standing. For them children are like their own - like their kith and kin. Allegations like these, we have denied.

Justice Dixit: What is this complaint which was lodged, State is bound to disclose it.

AG: I am not aware of it till now.

Justice Dixit: Are you afraid?

AG: Certainly not.

Allegations that they have mistreated them are not true. Sweeping generalized allegations that teachers have threatened the students. What threat was given, was it physical harm? Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand: The petition says the threat was that the students will be marked absent. What is the threat there? If they don't come to school they have to be marked absent. It says threats were made to not reward internal marks, that never happened, these are bald allegations.

In September if something is done, will student go home and sit over and file complaint after 3 months: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

See the affidavit in support of it (the petition) on Page 25. It is signed by the mother of petitioner no. 1. Petitioner no. 1 is Ayesha. Her Aadhar card is there, she has become a major: Naganand

Naganand: Only one affidavit. No other petitioners have filed affidavit. All of this if you see, how will this verifying affidavit of the mother, how will she know what happened to the other students in the class?

#HijabRowInKarnataka #KarnatakaHijabControversy

And mother could not have filed affidavit because the daughter had become major. The petition is not even accompanied by proper student: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

At the instance of such petitioners, time of the court is being wasted: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

The question of Article 25 is, whether the prescription of a dress code violative of Article 25? That is the main issue which is being debated. Govt. has not prescribed, they have said institution should take decision: Naganand

And in our case, the institution had taken decision since 2004 which was not questioned till now: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand: What is the freedom of conscience? Conscience is a term that relates to the philosophical approach of a man diverse from the idea of religion.

While religion is about the belief system of a man while conscience is the quality of mind which enquires into the beliefs and facts. While believes system could be individualistic conscience is philosophic approach of life which has universal application: Naganand

Conscience is our inner voice, in the recesses of our heart. Freedom of conscience is what your heart tells you, what you think, what is the way forward: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

In Hindu philosophy there are 3 schools of thought. Constitution makers wanted that thought process of people should not be curtailed: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

"Public Order", for the purpose of Article 25(1). Public order has to take colour from the context in which it is there. Public order in 25(1) may not mean the same thing as the expression in 19(1): Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow

We are not deciding this public order in vacuum. We are deciding it within the context of an educational institution: Naganand

A democratic body has taken the decision on it which has representatives of all. They have taken the decision that for public order in a school there should be uniformity in the attire. It is not necessary that order comes only from disorder: Naganand

#HijabRowInKarnataka

Naganand relies on HM Seervai's commentary on the Constitution, which says that a detailed Constution of ours is drafted to secure the well being of our people.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

If we apply the principle of interpretation, then we have to interpret Article 25 standing alone and not import the meaning of Public Order from Article 19: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

If a 10-year-old child is misbehaving and I discipline it, and then child throws tantrums. A patient parent may cajole the child, and if the child continues the parents will punish the child and child may get a slap also: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy

If the child is doing it in the classroom, what will the teacher do? First they will tell the child nicely but if the child is not listening the teacher will punish the child: Naganand

When the child is in school the parent has delegated the authority to the teacher "in loco parentis": Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand: The teachers being in loco parentis can exercise quasi-parental authority to enforce discipline. The Master can exercise moderate chastisement on the student or apprentice, within the school and even on the way or leaving from school.

In the present case what the school has done, it says children will only wear the uniform and should not wear hijab. There are highly orthodox ultra Brahmins in school. Boys after upanayam are not supposed to wear a stitched shirt or cloth: Naganand

What if these boys say that this is their religion and they will not wear a shirt to school, then what will happen. Everybody can do whatever they want. And justification is religion: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

College Development authority is a body acting on behalf of the college. It is not some stranger. It is a representative body. Much was argued about MLA being there. But there is no such allegation that the MLA is making the body sign anything: Naganand SS

Even Your Lordships sitting on the administrative side make so many decisions. But on the judicial side decisions are made in another manner by hearing parties to case. Same way, if MP or MLA is there, it makes no difference: Naganand

#HijabRowInKarnataka

CDC has prescribed uniform. 20 years there was no problem. CFI and other institutions have instigated children and their parents. Result is that the educational system and everyone is suffering: Naganand

Where is the legal authorisation to induct MLA in the CDC? Justice Dixit

That question may not arise because there is no challenge to it: Naganand

It is not under challenge before us: CJ Awasthi

I will answer that question (during my turn): Sajan Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

The SC has in 4 decisions, about Hindus, Muslims and Christians. They have said that my right of peaceful existence cannot be threatened by someone else's right to exercise religion: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand reading out Om Birangana Religious Society vs The State And Ors.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

indiankanoon.org/doc/1347766/

The judgment deals with use of loudspeakers in public.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

The College Development Committee took the decision that there should be uniformity in classrooms, and they feel it is good for students: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Naganand now referring to In Re Noise Pollution case where Hindus made a plea that bursting crackers is part of their festival and must be permitted.

Supreme Court said no.

indiankanoon.org/doc/929541/

Naganand now referring to a judgment of Allahabad High Court on Azaan.

indiankanoon.org/doc/46976882/?…

Naganand refers to Khursheed Ahmed Khan's case on polygamy in which it was held that "a practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25."

indiankanoon.org/doc/180745750/

On Khursheed judgment.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

There is a very interesting observation from Mr. Seervai's book. The Court was considering censorship in America: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Mr. Seervai is referring to Lordship Douglas observations that freedoms in US are absolute, but in India's Constitution there are regulations: Naganand

The US Supreme Court is saying that would love to have restrictions like India's Constitution but they do not have such provisions. Seervai says that India has reasonable restrictions: Naganand

Justice Dixit: USA had no benefit of Dr. Ambedkar, which we had.

Naganand now refers to Bijoe Emmanuel case. Lot of arguments have been addressed on it.

indiankanoon.org/doc/1508089/

It proceeds on the basis that Jehovah's witnesses should not sing or praise anyone else. Therefore the Court reached that conclusion that if you force him to sing, you are forcing him to act contrary to his faith, because it is "essential": Naganand

#HijabRowInKarnataka

In Iran during the Shah's rule, Tehran was called Paris of the East. Life was as flamboyant and luxurious as it was in Paris. There was no purdah, no hijab, and it was a Muslim State. The women were completely free: Naganand

I remember when I was in college women from Iran would come to Bangalore to study and they did not wear hijab. They did not believe in it and it was not enforced during Shah's rule in a Muslim State: Naganand

You may follow a particular religion, but practices and customs of other religion can get integrated to your religion.

For eg. among Christians, mangalsutra is not there but in Kerala among Christians it is there. They have assimilated it: Naganand

#HijabRowInKarnataka

Mohammedan law lays down certain rules of succession. But for certain classes of Muslims they have adopted Hindu customs and courts have recognised it: Naganand

Similarly, native Christians in the province of Coorg were excluded from the Indian Secession Act by a notification. They were continued to be governed by laws of Hindus. Does it mean it is contrary to religious practice: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy

Once a Kutchi Memon had come before this court arguing that Wealth tax is not applicable to him because he comes under Hindu law though he is a Muslim: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Let the drum beaters on the road not threaten society. We are a peaceful society. We have had harmony in society. We must tell our children not to make distinction of any kind, there is a divine spark in every person: Naganand

In Udupi Ashta Matha, I know personally the pontiff there is supported by Muslim brethren there. They come participate, assist in festivals: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

We must tell our children not to make distinction of any kind, there is a divine spark in every person. We cannot distinguish between colour, religion, language: Naganand

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

See now due to this a Right wing faction of Hindus are saying they will wear saffron scarves. Tomorrow Mohammeden boys will say they want to wear skullcap, where does this end, are we going to polarise society like this? Naganand

Senior Advocate SS Naganand concludes.

Adv. Raghavendra Srivatsa commences arguments in behalf of petitioner.

Srivatsa submits he will refer to international law and foreign judgments in this regard.

CJ Awasthi says these will be considered and right now they are listening to constitutional rights.

Adv. Srivatsa: Petitioner has submitted american decisions, we want to say they have no place in our system.

In Turkey in a state funded religious school, hijab was not permitted. That was upheld in the European Court of Human Rights: Srivatsa

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Srivatsa: These judgments of European Court of human rights are in French, we have provided the translation.

Justice Dixit: We have been saying from the beginning, when Malaysian court judgement was submitted, why do we need to go that far?

Srivatsa: I am pointing this out to show that in a country where majority population is Muslim, in a State funded religious school ban on hijab was upheld even by European Court

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Srivatsa: We are not relying on these cases as precedents, but since your Lordships are taking an expansive view I am referring to it. He refers to a research article.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Srivatsa: Regarding display of religious symbols in educational institutions, you can see how on an international platform the European Court of Human Rights has upheld what the States did.

Sr. Adv Sajan Poovayya begins submissions.

I represent CDC.

It has been questioned why an MLA is in the College Development Committee.

This is a Govt PU college The Committee is only presided by the MLA and the MLA may or may not belong to the political dispensation which is power during the relevant time. The MLA does not sit as a member of any party: Poovayya

There are by laws on how the committee will function. There is Vice President who is Municipal President of the areas, there is representative of SC/ST community, two students representatives, Vice Principal of the college: Poovayya

#HijabRowInKarnataka

CJ Awasthi: Can the relief of quo warranto be granted against MLA?

Poovayya: How can it be, this is an overnight petition which is based more on rhetoric.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

A general right to attire can be culled out under Article 19. (But) a right to wear a religious symbol or dress is right amenable to Article 25 and not Article 19(1): Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya: Freedom of conscience is absolute, however the right to practice, profess to propagate, how you manifest religion is subject to Article 25(2).

Poovayya: Under Art 25(2) There is nothing which prevents the State from making a law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice. Please see "secular activity" in the Article.

Education, particularly education in the form of public instruction coming from the State is a purely secular activity. Right to be a Muslim is an absolute right. But I cannot turn up and say I have to wear a particular attire to school, to college, to court: Poovayya

Education, particularly education in the form of public instruction coming from the State is a purely secular activity. When it comes to secular activity, religion will have no play: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya refers to Article 28 (1) of the Constitution.

Article 28 -"No religion instruction shall be provided in any educational institution wholly maintained out of State funds'.

Adv Poovayya: If they are getting public instruction from the State they cannot insist on wearing religious attire even if they show it is essential religious practice.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

If it is an essential religious practice, this right will have to yield within the educational institution.

The concept of positive secularism has been misquoted by the petitioners: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

The ratio of Bijoe Emmanuel does not apply. In that case, there was no law. Bijoe Emmanuel does not say you have right not to sing. It said there was no law to impose restriction on fundamental right. And there was a circular but it did not have backing of law: Poovayya

So please ignore Bijoe Emmanuel from the reckoning and discourse for determining this matter.

The present matter is governed by Karnataka Education Act.

Poovayya refers to preamble of the Act.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Act says it should promote 'secular outlook' in schools. He says uniform should not have religious markers. In fact, it should be gender neutral. We are reaching a stage on why boys should wear trousers and girls skirts. Why should our sons and daughters have different uniforms?

In Kerala they have introduced gender neutral uniforms.
About 100 children in this school are Muslim students. Until December none of them were wearing hijab. Suddenly 5 children say they want to wear hijab: Poovayya

Poovayya: A child can go to a school which has no uniform if they want to wear hijab. This is applicable to children of other religions too. I don't want to point to a particular community.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya: When students are minors I (college) have a benchmark to provide the best to all students and not let girl students be shackled. I have to organize my school on secular lines.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Justice Khazi: Is this an all girls institution or a co-ed school?

Poovayya: It is an all girls PU school govt funded. There was no problem whatsoever.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

CJ Awasthi: We want to know whether in all these petitions are they only girls schools or where boys and girls are studying.

Poovayya: In my petition, it is all girls education and all of them did not insist on hijab till December 2021 when this issue erupted.

Alright we will ask the petitioners: CJ Awasthi

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya refers to SR Bommai judgment

indiankanoon.org/doc/60799/

Imparting education by public instruction is a secular activity of the State. Therefore interference if religion to secular education should be kept to minimum: Poovayya
#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya: Imposing uniform in school is to ensure that it is secular, therefore it is public order. "Law and order" is a very small subset of public order.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Therefore, when I prescribe uniform, religion is irrelevant and I am entitled to do so: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

To say this (prescribing uniform) is not aspect of public order is not correct: Poovayya

I cannot have provided for secular education, teach physics, biology and chemistry and then indicating that everyone can come in religious attire. That will erode into secularism: Poovayya

What are the petitioners asking for please allow religious dresses to be brought into school. Then it is no more secular education: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya refers to Article 9 of European Convention on Human Rights

Freedom of conscience under Article 25 is the right to follow a religion and not right to manifest it by wearing a particular attire: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

I have 100 Muslim children in my school. 5 want to wear hijab. If I allow them, then will it mean the remaining 95 will be considered irreligious and only those wearing hijab are religious? Then where is cohesion and public order: Poovayya

#HijabRowInKarnataka

It is my (college's) primary duty to make sure that we have uniform which will rid itself of all religious attire: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Article 28(1) mandates that the States eschew religious affiliations in institutions which impart secular education: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Should I control the manifestation of religious symbols or attire in secular activities? When a man or woman is going to pray they can wear religious attire. But when they are participating in a secular activity they cannot bring their religious manifestations: Poovayya

I cannot permit a Hindu child to wear a religious symbol but disallow a Muslim child from wearing religious symbol.

Because Muslim child is wearing hijab we now have a situation where Hindu child is saying he wants to wear saffron scarf. Where is the end to it? Poovayya

Poovayya refers to Sabarimala judgment of Supreme Court.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHighCourt

indiankanoon.org/doc/163639357/

Poovayya: If a child is prevented from wearing hijab, will religion not remain same. Does it mean all Muslim children not wearing hijab are not professors of Islam?

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Is the essence of Islam depending on a woman wears a hijab? Same as Hindu faith, if I don't wear a tilak, or saffron attire and if I go to temple in denim jeans and t shirt to pray, does essence of Hindu religion go away? Poovayya

The basic Constitutional value for me as a school is to impart secular education and to ensure dignity of girl child is protected. I will not prescribe a protective attire to a girl child and not boy child on a religious basis that girl needs it but boys don't: Poovayya

Poovayya: When religion was formed and these embodiments came in our holy texts, society may have had certain standards. Maybe that time women had to wear a particular attire. Today community standards is not by religious texts, it is maintained by rule of law

When rule of law maintains community standards, the question is what is the need to have protective attire for female on the basis that females should be protected from gaze of males: Poovayya

Again I ask, why should we teach our girl child to dress modestly and not boy child. s a school I have the obligation to gradually go towards gender neutral uniform: Poovayya

Not even to say, we want salwar kameez for girls and pant shirt for boys. Certainly not to say that girls must protect themselves with headgear: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya: Where is this concept of modesty for girl child when it is not there for boy child, that is against constitutional legitimacy.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Poovayya refers to Puttuswamy case.

Religious appearance and apparel is not under right to privacy, it is right to religion, and this is subject to Article 25(2). We cannot say everything is under Art 19 and 21: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy

Schools have the task to educate the young. This task is to help all pupils achieve their full potential. They have to promote diverse religions races and cultures to live together in harmony and promote social cohesion: Poovayya

To remove discrimination we have the same uniform, whether they are rich or poor, whether Hindu, Muslim or another religion: Poovayya

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Even assuming it (hijab) is an essential religious practice, as a school I am obligated under the Constitution to ensure that no religious symbol enters the school and I have this right under Article 25 (2) especially as a public school: Poovayya

#HijabRowInKarnataka

Sr. Adv. Sajan Poovayya concludes his arguments.

We will continue tomorrow: CJ Awasthi

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

CJ Awasthi requests all intervenors to make written submission. He says we do not need assistance of intervenors.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Sr. Adv. Jayna Kothari: Nobody has made the argument of sex discrimination

CJ Awasthi: We cannot continue hearing the matter for 6 months.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Advocate argues that a man has been killed and people are fighting on the roads.

CJ Awasthi: Make a criminal complaint. This is not the matter in which we have to consider all that.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Adv says there is confusion about the rules for degree colleges and there needs to be clarity.

CJ Awasthi: The order is clear that it is only for where uniforms are prescribed.

CJ Awasthi: If uniform is prescribed they have to follow it whether it is degree college or PU College.

Adv says so far there has not been any uniform in these colleges.

CJ Awasthi: If uniform is prescribed they have to follow it whether it is degree college or govt college or PU College.

Everybody is quoting this order and pressing their own rules: Adv Tahir

CJ Awasthi: The order is clear. As long as the matter is pending before the Court if they have uniforms they have to follow it.

Adv: This is creating chaos in the society

Another Advocate submits that teachers are being forced to remove headscarfs.

CJ Awasthi: The order is confined to students only.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

Hearing to continue tomorrow at 2.30 pm.

#HijabRowInKarnataka #KarnatakaHijabControversy #KarnatakaHijabRow #KarnatakaHC

[Hijab Row] Because Muslim child is wearing hijab, Hindu child wants to wear saffron scarf: College to Karnataka High Court

report by @legaljournalist

#HijabControversy #KarnatakaHijabControversy #KarnatakaHighCourt

Read story: bityl.co/B3c8

[Hijab Row] Interim order against wearing religious garments to colleges confined to students only: Karnataka High Court clarifies

#HijabRow #KarnatakaHijabControversy #KarnatakaHighCourt

Read more here: bityl.co/B3d8