The lawyer said: the court should not interpret religious texts; SC asked, then why did you go to the High Court? , Karnataka hijab ban controversy; Muslim Girls vs Supreme Court | Karnataka news

3 days agoAuthor: Aditya Dwivedi

Whether Muslim girls can wear hijab in school-university or not, this is the hottest topic in the country at the moment. On the 5th, 7th, 8th and 9th of September there was an intense debate in the country’s highest court. We have read and understood this entire interrogation of about 9 hours. In this debate, the turban was mentioned and so was Tilak. There was mention of the Koran and also of the Constitution.

The picture is still not entirely clear, so these arguments will continue again from 11.30pm on September 14.

Today on Monday Mega Story we present interesting arguments and harsh comments from the judges in the ongoing Supreme Court debate on the Hijab case…

Senior advocate Rajeev Dhavan in the Supreme Court began representing the Muslim girls in the Hijab case on September 5 at 2 pm. Some highlights of these arguments…

Advocate Dhawan: According to Article 145.3, the matter must be referred to a five-member constitutional court. This includes a large number of women, who are asked whether they should bow to the dress code or whether the hijab is an essential religious practice.

Justice Gupta: Wearing the hijab may or may not be a required religious practice, but we are a secular country and the government can regulate the dress code.

Advocate Dhawan: If there is a question of dress code, we apply tilak in the Supreme Court. In court number 2, a judge wears a turban.

Justice Gupta: The turban is different, it was worn in the Royal States. This is not religious. My grandfather used to wear a turban while practicing law. Don’t associate it with religion.

Advocate Dhawan: Here the issue is thousands of girls who are ready to wear uniform but also want to wear hijab.

Justice Gupta: We are a secular country. Can religious clothing be worn here in a government institution? Is that your reasoning?

Lawyer Hegde: Can you tell a young woman she has no rights about how to protect her dignity? She cannot wear chunni.

Justice Gupta: I saw a news story where a lawyer had come to court wearing jeans. The judge objected. Can you tell I have to argue with jeans?

Lawyer Hegde: The issue here is access to studies in a government university. Women are also marginalized in society. Are there conditions for your studies?

Justice Dhulia: You take us along the roads. Take it on the highway.

Lawyer Hegde: Sometimes it’s safer to stay off the highway.

Justice Gupta: The question is, can you wear a hijab to school where the uniform is applicable?

Lawyer Hegde: The question is whether education can be denied because of clothing. The scarf is already part of the uniform, as the sardine is allowed.

Justice Gupta: Cinnamon is something different. It is carried on the shoulder.

ASG Nataraja The subject is very limited. It’s just a matter of school discipline.

Justice Dhulia: How does wearing the hijab violate school discipline?

Advocate General: Some students wear hijabs and saffron shawls. After this chaos, the government issued an order. We do not ask students to wear hijab or not. We just ask them to follow the uniform.

Justice Gupta: You say that schools-universities cannot issue a rule, but tell me if any student can come in mini, midi. Everyone has the right to practice their religion, but can it be worn inside an educational institution that has an established dress code?

The matter was made available on September 7 at 2:00 p.m.

Advocate Dhawan’s health was not good, so Advocate Kamat initiated arguments on behalf of the Muslim girls….

Lawyer Kamah I will argue for the matter to be referred to a constitutional court in accordance with Article 145(3) of the Constitution. This has violated the rights recognized by articles 19, 21 and 25 of the students. I’m not challenging the uniform, I’m just challenging the government, which doesn’t allow students to wear the hijab despite wearing the uniform. Even in Kendriya Vidyalaya girls are allowed to wear head scarves.

Lawyer Kamah A South African court in a ruling allowed a Hindu girl to wear nails in her nose at school. A similar thing also happens with the hijab.

Justice Gupta: Nose pin is not a religious practice. Women all over the world wear it. Leave South Africa, return to India.

Lawyer Kamah The Supreme Court of the United States in one of its decisions has allowed handkerchiefs in the workplace. A Canadian ruling also allowed Sikhs to wear kadhas to school.

Justice Gupta: How can we compare America and Canada with India. We are a conservative society.

Lawyer Kamah When I was in school, I used to apply Namam (a kind of tilak). Many students used to wear Rudraksh and cross.

Justice Gupta: Rudraksha and cross are different. They live in clothes. Therefore, there is no violation of discipline.

Lawyer Kamah Now we come to Article 19. He said that freedom of expression also includes dress. There are some reasonable restrictions. I’m not saying I won’t wear a uniform. I just want to wear a scarf with a uniform.

Justice Gupta: Don’t take it to an illogical end. In the right to wear clothes is the right to take off clothes?

Lawyer Kamah No one takes their clothes off at school. If you come to school wearing a hijab, we won’t let you in, saying the state is violating Article 19.

Justice Gupta: No one is stopping girls from wearing hijab…it’s just about school.

The hearing is scheduled for September 8 at 11:30 a.m.

On September 8 at 11:30 a.m., Advocate Kamat began presenting his arguments in the Supreme Court…

Lawyer Kamah Article 25 of the Indian Constitution (freedom to profess and practice religion) has three restrictions: public order, morals and health. For example, Senior Advocate K. Parasaran used to pray. Attack against public order, morality or health? So the hijab should also be allowed.

Justice Gupta: Wearing a hijab in the street may not offend anyone, but when you wear it to school it raises the question of what kind of public order the school wants to maintain.

Lawyer Kamah No school can make such decisions on the basis of law and order. The advocate general yesterday said the government order was issued after some students demanded the wearing of saffron shawls. Scammers could be vetoed. For example, a rowdy crowd was against the screening of a film. The court ordered that when the CBFC has passed, how can the mob be stopped.

In the argument which resumed from 2.00 pm, the counsel for the petitioners, Nizam Pasha, argued…

Lawyer Pasha As for Sikhs 5a is 5 pillars. Hijab is the same for Muslim women. Sikh students may wear turbans.

Justice Gupta: The turban and kirpan have been deemed essential for Sikhs by a five-judge bench of the Supreme Court. The kirpan has constitutional protection. Therefore, the customs of both religions should not be compared.


On September 12, senior advocates Yusuf Muchhala and Salman Khurshid presented the arguments on behalf of the Muslim girls. Advocate Muchhala said the court should not interpret religious texts. To this, Justice Gupta asked why the Karnataka High Court had gone to the High Court saying hijab as an essential religious practice. Advocate Salman Khurshid, while handing over the Quran to the bench, quoted various verses.

The hearing will continue from 11:30 p.m. on September 14.

Illustration: Avneesh Singh

Graphics: Harshraj Sahni

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