Supreme Court Comment on Hijab Ban Case:- An important case against a decision of the Karnataka High Court is being heard by a two-judge bench of the Supreme Court.
Muslim girls in school uniform are prohibited from wearing headscarves (usually, hijab).
The hearing is going on in the two member bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia. A panel of lawyers representing various petitions is now presenting its arguments.
One of these lawyers, Devdatta Kamat, called hijab a part of freedom of expression and Justice Gupta asked whether one would want to wear a salwar kameez or even a dhoti. Understand the proceedings of the court, the questions asked by the judge and the arguments of the lawyer…
According to Devdatta Kamat, the right to freedom of expression is guaranteed by Article 19(1) of the Constitution. Wearing what you want is also protected from this right. Justice Gupta told Kamat that discussing the right to dress and the right to dress at the same time was a complex question. If someone wants to wear salwar kameez or boys want to wear dhoti, will it be allowed?
The government has failed to give Article 19 rights?
Kamat had earlier argued in court that the question here is whether the government has failed to give due rights to students under Articles 19, 25 and 26. Here, we are not challenging the uniform, nor are we recommending that one wear jeans or any other clothing instead?
If a student wears a school uniform, can the government stop him from wearing a scarf? Isn’t it about head to toe hijab or jilbab? Is a school scarf offensive to someone’s religious sentiments, or can a student’s uniform harm national security?
The Supreme Court accepted the principle of coordination
According to Advocate Devdatta Kamat, several judgments of the Supreme Court have upheld the principle of equitable adjustment. He pointed to a female lawyer in the courtroom with her head covered in a black cloth and said, Look what the trouble can be! Does it cause any problems?
Should students give up their basic rights?
In our constitutional system, under Articles 19, 21 and 25, is it necessary to give up the fundamental right of students or girls to get education? According to Kamat, hijab is also allowed in central schools. School uniform allows girls to wear hijab. This argument was also advanced in the Karnataka High Court. The High Court rejected this argument, noting that Kendriya Vidyalayas are different from State Government Schools.
You come back to India
A girl student in Kerala wanted to wear a nose ring in school, Kamat said, citing a South African court ruling. There was a similar controversy. The court then ruled that wearing a nose ring was not a religious practice, but a matter of identity.
The court there granted it. Girls wearing salwar-kameez and headscarves to school have been debated in the UK’s upper house of parliament, where they were allowed, but not the jilbab, which can hold up to five people at a time. In that case.
There is a debate over whether ‘reasonable concessions’ can be given to women. In response, Kamat suggested transferring the matter to a five-judge constitution bench, as it was a ‘major legal issue’.
Justice Gupta gently asked lawyer Devdatta Kamat to return to India as he referred to court decisions in the US, UK and other countries. Justice Sudhanshu Dhulia asked the question – have you read the constitution there? There are many different beliefs. Kamat says yes, I have read about it.
There are some documents I can give you. According to Justice Gupta, every country has its own constitution, laws and rules. It is impossible for us to obey the US Constitution. According to Kamat, it is always good to welcome good things.
How can a school be compared to a prison?
Devadatta Kamat also referred to the observations of the Karnataka High Court during his arguments. According to him, the Karnataka High Court order said that forcing a girl to wear hijab is against the right to equality. However, girls are not being forced here.
Can the government stop a girl from wearing hijab? According to Justice Gupta, hijab is not prohibited for girls. All you have to do is wear it to school.
Also Read:- Six: Promising scholarship up to Rs 50000 to undergraduate to graduate students, TATA Capital Pankh Scholarship 2022-23:
According to Kamat, the school committee should be allowed to decide on the matter. By issuing such orders, the government targets a specific group. So who has any objection to wearing sandhyabandan, rudraksha, yajnopabeet, kalab in school? According to Justice Gupta, rudraksha, yajnopaveet etc. cannot be seen from outside. Uniforms are not affected.