Hijab ban: Educational institutes have power to prescribe uniforms as per rules says SC; hearing to continue on Sept 19

Senior advocate Dushyant Dave told a two-judge bench of the top court that it should not have heard the batch of petitions challenging the Karnataka High Court on hijab, instead the case should have been referred to a larger bench.

FPJ Web DeskUpdated: Thursday, September 15, 2022, 05:27 PM IST
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During a hearing over ban on Hijab in educational institutions, the Supreme Court on Thursday said that the educational institutes have the power to prescribe uniforms. However, the apex court remarked that Hijab is different.

The hearing in the matter will be continued on Monday, September 19.

During the hearing today, senior advocate Dushyant Dave told a two-judge bench of the top court that it should not have heard the batch of petitions challenging the Karnataka High Court on hijab, instead the case should have been referred to a larger bench.

Dave, who apparently appeared annoyed with the limited time allocated to him to argue the case, said, "please don't restrain us in time for arguing..." He added that the matter affects millions of people and he wants to show the Constituent Assembly debates and the warning of Sardar Patel. Dave said he would not be able to finish his arguments today and this case is a serious matter."

Advocate Shoeb Alam, representing some of the petitioners, submitted before the bench that the impact of the Karnataka government order is - "I will give you education, you give me your right to privacy". He added that the state cannot ask the person to surrender the right to privacy. Alam said on one hand, I have my right to education, a secular education, and on the other hand, I have my right to privacy, culture, etc., under Article 21.

The top court will continue to hear arguments on Monday on the petitions challenging the Karnataka High Court's judgement of March 15 upholding ban on hijab in the pre-university colleges.

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