Supreme Court on Hijab Ban | “Right To Dress Will Include Right To Undress?”

Supreme Court Hijab Case

NEW DELHI: Today, while dealing with the Hijab Case the Supreme Court of India remarked – “You can’t take it to illogical ends. Right to dress will include right to undress also?”

In reply, Advocate Dev Datt Kamat said – “Nobody is undressing in a school”

While in the hearing, Justice Gupta also remarked: “The main problem is that one particular religious community is insisting on a headscarf (hijab) while other religious groups are following the dress code. Students of other communities are not saying we want to wear this and that.”

During an argument Advocate Kamat said many students wear rudraksha or cross as a religious symbol, the judge responded: “That is worn inside the shirt. Nobody is going to lift the shirt and see if someone is wearing rudraksha.”

The court is hearing arguments on a batch of pleas challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state.

The bench of Justices Hemant Gupta and Sudhanshu Dhulia had on Monday spelled out a key issue at the heart of the matter:

“You may have a religious right to practice whatever you want to practice. But can you practice and take that right to a school which has a uniform as a part of the dress you have to wear? That will be the question.”

On whether wearing a hijab is an essential practice under Article 25 of the Constitution, the bench had said, “The issue can be modulated a little bit in a different way. It may be essential, it may not be essential.”

“What we are saying is whether in a government institution you can insist on carrying your religious practice. Because the Preamble says ours is a secular country,” the bench observed at a previous hearing.

“What we are saying is whether in a government institution you can insist on carrying your religious practice. Because the Preamble says ours is a secular country,” the bench observed at a previous hearing.

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