Will right to dress also mean right to undress, asks Supreme Court in Hijab case

The Supreme Court on Wednesday asked whether right to dress will also mean right to undress after a submission was made in the Karnataka Hijab case that right to freedom of expression under Article 19 of the Constitution includes choice of dressThe poser by the apex court came during the hearing of arguments by the lawyer for one of the petitioners challenging the Karnataka High Court verdict declining to lift the state governments ban on Hijab in educational institutions of the stateYou cannot take it to an illogical end a bench of Justices Hemant Gupta and Sudhanshu Dhulia said when a previous judgement of the apex court was cited by senior advocate Devadatt Kamat and an argument raised regarding Article 19 1a of the Constitution and the freedom to dressWhen the bench asked Will right to dress mean right to undress also Kamat responded to say nobody is undressing in schoolKamat referred to the Karnataka governments order of February 5 2022 by which it had banned wearing clothes that disturb equality integrity and public order in schools and colleges and claimed it is targeting only one community The order was challenged in the high court by some Muslim girl studentsAlso Read Assam Madrassa demolished students face uncertain futureIt may not be right Because one community wants to come with a headscarf another community is following the dress code the bench observedKamat who also referred to positive secularism said the state must exercise reasonable accommodationYour lordships have accepted the concept of positive secularismReferring to a previous judgement of the apex court Kamat argued that secularism does not mean that students of only one faith will not display their religious identityThe court also made it clear that the question in the Karnataka Hijab ban matter is only about the restriction in schools as nobody is prohibited from wearing it anywhere else they wantThe bench was told that the matter be referred to a fivejudge constitution benchKamat argued that if a girl in the exercise of her rights under Articles 19 21 or 25 of the Constitution decides to wear a Hijab then can the State put a prohibition that will violate her rightsThe bench orally observed The question is nobody is prohibiting you from wearing Hijab You can wear it wherever you want The only restriction is in the school We are only concerned with that questionAt the outset Kamat said his endeavour is to persuade the bench to consider reference of this matter under Article 145 3 of the ConstitutionArticle 145 3 says the minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution or for the purpose of hearing any reference under Article 143 shall be fiveThe senior advocate argued that the bench has to be satisfied that this is a case that requires a reference under Article 145 3I endeavour to persuade your lordships to take this course of action he said adding this is not a matter which is simply related to a violation of a statute or a ruleThis case involves primarily a basic question as to whether the State has failed in its obligation to provide for reasonable accommodation which is a Constitutional principle adopted by your lordships for the exercise of a citizens rights under Articles 19 21 and 25 Kamat said adding that the petitioner is not challenging the prescription of uniform in the schoolWhile Article 19 deals with the protection of certain rights regarding freedom of speech etc Article 21 pertains to the protection of life and personal liberty Article 25 of the Constitution deals with freedom of conscience and free profession practice and propagation of religionDuring the arguments Kamat referred to a circular of the Kendriya Vidyalaya and said it prescribes a uniform and makes a reasonable accommodation for Muslim girls to wear a headscarfHe also referred to a judgement of the constitutional court of South Africa in the case of a girl who wanted to wear a nose ring in schoolWhatever little I know nose pin is not part of any religious practice Justice Gupta said adding Mangalsutra is but not the nose ringThe bench observed that all over the world women wear earrings and it is not a case of religious practiceMy impression is no other country has this kind of a diversification as in our country Justice Gupta saidWhen Kamat referred to judgements from the US the bench asked How could we compare USA and Canada with our countryWe are very conservative said the bench adding these judgements are given in the context of their societyThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever