New Delhi, Sep 12 : Counsel representing petitioners who are challenging the Karnataka High Court judgment on hijab, on Monday, told the Supreme Court that women who wear hijab shouldn’t be viewed as caricatures.If the wearing of the turban isn’t opposed to, why would anyone oppose wearing a headcovering?Senior lawyer Yusuf Mucchala, representing some petitioners, said that women who wear hijabs must not be treated as caricatures and should be treated with respect.He declared that they are determined women and no one is able to make them feel like they are a burden to them.
As an entire panel of Justices Hemant Gupta and Sudhanshu Dhulia asked whether his primary argument was that it’s a fundamental religion, Mucchala said his argument is that it is his right under Articles 25(1)(a), 19(1)(a) and 21 and based upon a combined interpretation of these rights his rights as a fundamental person are being violated.
“What do these girls are guilty of? by putting an item of cloth over their heads?”
He added that if wearing of the turban isn’t opposed to and shows the acceptance of diversity, why should we object to wearing a hijab.
Mucchala said that two rights are granted the freedom of religion and freedom of conscience.they complement one another.He added that the court should not have questioned whether hijab is an important religion by interpreting the Quran in the sense that it was not equipped with the knowledge in the area.
The court reacted that it was in no position to make a decision in the matter, since the petitioners claimed that it was be a fundamental religious practice.Mucchala stated that whether hijab is a fundamental human right or not is a matter of debate and the issue here is not one of religious affiliation but a person’s fundamental right.
Senior Advocate Salman Khurshid, who represents a number of petitioners, said that one must wear a formal dress code however the question is whether a person is allowed to wear any other attire that is considered important to her cultural.
When the bench questioned Khurshid what was his position on the hijab’s importance as a ritual of religion, he said it can be viewed as a form of religion as well as conscience and culture, and it can also be viewed as an expression of an individual’s respect and privacy.
Khurshid said that there’s no binary distinction between obligatory or not-obligatory in Islam.”What is in the Quran is mandatory,” he said.He said that the revelations in the Quran are not created by man They are the word of God that was revealed through the Prophet, and is obligatory.
He added that he will not say that uniforms is something to be dealt with however, there’s something in the mix with the uniform that must be allowed.
He said that the concept of unity in diversity stems from the preservation of cultural diversity.He mentioned that one of his clients is a Sikh woman, and as some of women have begun wearing turbans.
The issue could arise for the Sikhs as well.
Khurshid also differentiated between hijab, burqa, and jilbab with images, and stressed the importance of the importance of cultural identity.
“Ghoonghat is considered to be very important in UP or northern India.When you visit the gurudwara, everyone will put their heads down.This is part of the culture.”
He stated that in mosques in certain countries, people do not cover their heads, but in India there is a head covering and this is part of the customary.
After hearing the arguments in detail the supreme court set the matter for a second hearings on September 14.
The apex court will hear arguments on the fourth day of hearings against the High Court of Karnataka’s decision of March 15 that upheld the prohibition on hijab in pre-university colleges.
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