A Supreme Court bench comprising Justices Hemant Gupta, as well as Sudhanshu Dhulia, stayed on hearing the petitions that challenge the hijab ban at educational institutions in Karnataka for seven days on Monday.
The apex court will reopen the hearing at 11 am on Tuesday. As per Live Law, senior advocate Dushyant Dave will be allowed to argue his case until 1 pm. After that, no other person from the petitioners is allowed to speak.
In the course of the hearing, Live Law reported that the senior attorney Dushyant Dave, who appeared on behalf of one petitioner and said: “This is not about uniforms. We’re not dealing with military schools. We are in no way dealing with Nazi schools that have regimentation. The issue is colleges for pre-university students.”
As he continued his argument in support of his argument, advocate Dave stated: “Just like a turban for Sikhs and hijab for Muslim women, hijab is essential to Muslim women. It’s nothing wrong with it. It’s their faith. Anyone who wishes to wear tilak or someone who wants for a cross everyone is entitled to their right. This is the appeal of social life.”
“This nation is built on an amazing culture..built on tradition. In the last over 5000 years, we’ve accepted many different religious beliefs… India gave birth to Hinduism, Buddhism, and Jainism. Islam arrived without conquest us, and so we accepted. India is the sole place in which people from all over the world came to this country without conquer with the exception of that of the British,” he stated.
In announcing that the fears of Dr. B R Ambedkar and Sardar Vallabhai Patel were coming true, Dave said: “How do you achieve unity when you are a Hindu who requires permission from the Magistrate before marrying a Muslim? How do you stop love from being enslaved? A magistrate will take the sweet time as all fringe forces are brought into. How can you call it democratic?”
“Your Lordships aren’t just the guardians of our fundamental rights us, as citizens. Your Lordships are the only ones who can protect us from the machinations of the parliamentary and the rights of citizens.” Bar and Bench quoted Advocate Dushyant Dave as saying.
Noting that some of the most powerful economies in western countries have adopted a stance and allowed Hijab, Dave further said: “The American Army has permitted the wearing of turbans. This is because of their respect for the religions. The Constitution framers did not speak of the turban, but only of Kirpan.”
“The sole religion that is important in the Court is the Constitution of India. It is as important Gita to Hindus, Quran for Muslims, Guru Grant Sahib for Sikhs, and the Bible for Christians Without our Constitution, we’ll be in the dark,” Live Law quoted Dave as saying.
When advocate Dave spoke of debates over Article 25 and claimed that the article “is founded upon tolerance”, Justice Dhulia asked if any member of the Constituent Assembly said why it is crucial that we include “propagate” in Article 25. “Perhaps, the reason is what given by Seervai..in some religions, like Christianity, it is an important part of faith to spread the message,” Live Law quoted Justice Dhulia as saying.
Advocate Dave said “high court judges have not really understood what Constitutional morality is, what Constitutionalism is and what Constitutional philosophy is,” Justice Dhulia said: “The problem the High Court sets for itself is whether it is an essential religious practice, it holds it is only directory, it discusses fundamental rights and says when it comes to classroom, there is no fundamental right.”
