Hijab gives 'dignified look' like 'Hindu woman covering her head', Supreme Court told

The Supreme Court was on Tuesday told Karnataka government's order banning hijab in classroom was illegal, unconstitutional and brought with malice.

Senior advocate Dushyant Dave claimed before a bench of Justices Hemant Gupta and Sudhanshu Dhulia that hijab in fact added to the dignity and when a woman wears it, she looks very dignified like a Hindu woman covering her head.

The bench, however, observed that the definition of dignity has changed with time, and it keeps changing.

Appearing for petitioners, Dave argued that girls wearing hijab to the school does not violate anybody’s peace and safety and certainly causes no danger to tranquility. There is only one aspect of public order, which could be argued, he claimed.

Read | Till 2021, none wore hijab in PU colleges: K'taka to SC

The bench, however, said in many schools, there can be disparity, therefore, uniform is prescribed so that one cannot see richness or poverty.

The bench also pointed out it was examining a very limited question whether headgear can be allowed. Dave said uniform is an unnecessary burden in society and most can't afford it, and pointed out that he sees with his caddies in the golf course.

Dave claimed that a series of acts in Karnataka targeted the minority community.

On this, Solicitor General Tushar Mehta, representing the Karnataka government, interjected saying, “We are not in a public platform. Please stick to pleadings”.

Dave also asked why it is that suddenly after 75 years the state thought of bringing this type of prohibition.

He also maintained the test here is not an essential practice, but a religious practice. He cited that in deciding the question, whether a given religious practice is an integral part of the religion or not, the test always would be whether it is regarded by the community following the religion or not.