New Delhi, Sep 8 : A lawyer representing one of the Muslim students, who protested against the ban on hijab in the public schools in Karnataka on Thursday, argued before the Supreme Court that Article 25 only protects innocent, bona real practice of religion.’We can wear an hijab, yes! However the wearing of an orange shawl, is an unwelcome demonstration of religious beliefs’.Senior Advocate Devadatt Kamat, representing the student, presented before a bench consisting of Justices Hemant Gupta and Sudhanshu Dhulia that Article 25 only safeguards innocent bona-fide religion.of religion.He said that wearing a namam yes! Hijab wearing is acceptable! The wearing of an orange shawl is not a legitimate practice.”The reason of the state is that when I wear a hijab others will also wear an the orange shawls.The wearing of an orange shawl not a real religious belief.It’s a show of belligerence of faith, and is why, if you wear it I will wear this .,” declared Kamat.
He added that each religion may not be necessary but that does not mean that the state cannot continue restricting it so long as it doesn’t be in violation of morality, public order and health.
Kamat stated that the issue is whether the uniformity in public spaces is a reason to restrict Article 25? If it is true that a Muslim girl who wears a head scarf represents an offense to discipline?
Kamat said that one could wear headgear kara or kara, in the context of his religious beliefs although it isn’t an integral part of his religion however, as it doesn’t impact the public security, health or morality, it is allowed.
The bench asked Kamat that wearing the hijab in streets shouldn’t be considered offensive, however, wearing it in the school could raise the question of what kind of public order school would you like to maintain?
The supreme court will continue to consider the issue after lunch.On Wednesday, Kamat asked the apex court to decide if a secular government that allows others to wear bindis or kada, as well as crosses may hinder Muslim students’ right to to wear hijab in addition to the uniforms that are required.
The highest court is presently taking up a number of petitions challenging the Karnataka High Court judgment, which confirmed the right of institutions of education to ban the wearing of hijab in pre-university schools in the state.
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