Senior advocate Dushyant Dave, who is representing some of the petitioners challenging the Karnataka High Court’s hijab decision, told the Supreme Court on Tuesday that the hijab adds dignity and makes a woman feel very dignified when she wears it, similar to how a Hindu woman who covers her head is very dignified.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia told Dave that the definition of dignity has changed over time and will continue to change, to which Dave agreed.
Dave contended that girls wearing hijab to school do not violate anyone’s peace and safety and pose no threat to tranquillity. And, he added, there is only one aspect of public order that could be contested.
Dave argued that because the girls want to wear the hijab, whose constitutional right is being violated? He distinguished between the Sabarimala decision and the hijab case. The bench responded that the petitioners did not have a fundamental right to enter the temple in that case. Dave stated that now that the temple has been established, anyone can enter.
Dave asked why, after 75 years, the state suddenly decided to enact this type of prohibition. It came out of nowhere. He went on to say that Article 25 is crystal clear and that the constituent Assembly debates reinforce that.
Dave emphasized that the test is a religious practice, not an essential practice. He stated that when determining whether a given religious practice is an integral part of the religion or not, the test is always whether it is regarded as such by the religious community or not.
Dave had finished his arguments for the day. The Supreme Court has begun hearing the Karnataka government’s counsel and continued in the afternoon session.
The apex court is currently hearing petitions challenging the Karnataka High Court’s March 15 decision upholding the ban on Hijab in pre-university colleges.
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