Hearing to continue at 2.30 pm tomorrow.

Hearing to continue at 2.30 pm tomorrow.

"The petitioners have shown zero materials to show hijab is essential religious practice. They have quoted Quran, I will come to that," he adds.

"The petitioners have shown zero materials to show hijab is essential religious practice. They have quoted Quran, I will come to that," he adds.

"The petitioners have sought a declaration that every woman who follows Islam religion is required to wear the hijab, they want a declaration which can bind every Muslim women," says AG.

"The petitioners have sought a declaration that every woman who follows Islam religion is required to wear the hijab, they want a declaration which can bind every Muslim women," says AG.

AG points out conclusions in Triple Talaq case:
1. Views of religious denomination, though significant are not determinative in essentiality of practice.
2. A practice claimed to be essential must be mandatory and not optional.
&nbsp;

AG points out conclusions in Triple Talaq case:
1. Views of religious denomination, though significant are not determinative in essentiality of practice.
2. A practice claimed to be essential must be mandatory and not optional.
&nbsp;

AG refers to Shayara Bano (Triple Talaq) case.

AG refers to Shayara Bano (Triple Talaq) case.

"Article 25 has different sections. To establish right under Article 25, they should first prove religious practise, then that it is an essential religious practice, then that ERP does not come in conflict with public order, morality or health or any other fundamental right."

"Article 25 has different sections. To establish right under Article 25, they should first prove religious practise, then that it is an essential religious practice, then that ERP does not come in conflict with public order, morality or health or any other fundamental right."

AG refers to Sabarimala judgment. Points out Justice Nariman's observations.&nbsp;

AG refers to Sabarimala judgment. Points out Justice Nariman's observations.&nbsp;

"The entire law on essential religious practice was consolidated in the Sabarimala judgment. Before that, the need for bifurcating this was first spoken by K M Munshi in constituent assembly debates. Munshi says we should put a foot down on all practises which will bring down the country and seeks to narrow down religious practices and seeks for a uniform civil code."

"The entire law on essential religious practice was consolidated in the Sabarimala judgment. Before that, the need for bifurcating this was first spoken by K M Munshi in constituent assembly debates. Munshi says we should put a foot down on all practises which will bring down the country and seeks to narrow down religious practices and seeks for a uniform civil code."

AG now refers to Shayra Bano case.

AG now refers to Shayra Bano case.

"There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which in not considered a religious activity. Every mundane or human activity was not intended to be protected by Constitution under the guise of religion,"AG quotes from the judgment.

"There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which in not considered a religious activity. Every mundane or human activity was not intended to be protected by Constitution under the guise of religion,"AG quotes from the judgment.

AG refers to Shiroor Mutt case.

The AG, on behalf of the state, argued, "For protection under Article 25, the practice has to be essential to the religion itself."
&nbsp;

The AG, on behalf of the state, argued, "For protection under Article 25, the practice has to be essential to the religion itself."
&nbsp;

There are three test to determine if a practice is essential religious practice :
1. Is this part of core belief?
2. Is this practice fundamental to that religion?
3. If that practice is not followed, will the religion cease to exist? says AG.

There are three test to determine if a practice is essential religious practice :
1. Is this part of core belief?
2. Is this practice fundamental to that religion?
3. If that practice is not followed, will the religion cease to exist? says AG.

"Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art. 26 may have to be carefully scrutinised," AG quotes from Dargah committee judgment.

"Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art. 26 may have to be carefully scrutinised," AG quotes from Dargah committee judgment.

He now referes to Ajmer Dargah case AIR 1961 SC 1402.

He now referes to Ajmer Dargah case AIR 1961 SC 1402.

AG points out that the Supreme Court has said in Shirur Mutt case that it was difficult to give a precise definition to "religion"

AG points out that the Supreme Court has said in Shirur Mutt case that it was difficult to give a precise definition to "religion"

Conscience and religion are different but mutually existing concepts, says HC

Conscience and religion are different but mutually existing concepts, says HC

"There was a telling statement made by Dr Ambedkar in the assembly debates that let us keep the religious instruction outside educational institutions"

"There was a telling statement made by Dr Ambedkar in the assembly debates that let us keep the religious instruction outside educational institutions"

Referring to Dr Ambedkar's debates on Article 28, AG quotes Ambedkar in saying religions teach they are only path of salvation and others are false and this can lead to social disharmony. Quotes Ambedkar saying Islam and Christianity teaches that only they are true.

Referring to Dr Ambedkar's debates on Article 28, AG quotes Ambedkar in saying religions teach they are only path of salvation and others are false and this can lead to social disharmony. Quotes Ambedkar saying Islam and Christianity teaches that only they are true.

"Question of ERP would possibly not come within the concept of Freedom of Conscience," AG responds.

"Question of ERP would possibly not come within the concept of Freedom of Conscience," AG responds.

Is Essential Religious Practice (ERP) also applicable to conscience, asks Justice JM Khazi.
&nbsp;

Is Essential Religious Practice (ERP) also applicable to conscience, asks Justice JM Khazi.
&nbsp;

The GO is consciously innocuous. The petitioners have not said "permit us to wear hijab as dress" but they have said "permit to wear hijab as religious practice," says AG.

The GO is consciously innocuous. The petitioners have not said "permit us to wear hijab as dress" but they have said "permit to wear hijab as religious practice," says AG.

Referring to the Sabarimala judgment, AG says, "Justice DY Chandrachud said that court assumes a central role in such matters and it is ultimately the Court which will have to decide whether a religious practice sought to be enforced under Article 25 can be enforced or not."

Referring to the Sabarimala judgment, AG says, "Justice DY Chandrachud said that court assumes a central role in such matters and it is ultimately the Court which will have to decide whether a religious practice sought to be enforced under Article 25 can be enforced or not."

"The answer is we have not prescribed anything. But as a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment. So the stand of the State is that anything which introduces religious aspect should not be there," adds AG.
&nbsp;

"The answer is we have not prescribed anything. But as a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment. So the stand of the State is that anything which introduces religious aspect should not be there," adds AG.
&nbsp;

"What is its import? What is your stand? Can hijab be permitted in institutions? If institutions permit, then you don't have any objection? asks CJ.
We will take a decision as and when such a situation comes up, says AG.

"What is its import? What is your stand? Can hijab be permitted in institutions? If institutions permit, then you don't have any objection? asks CJ.
We will take a decision as and when such a situation comes up, says AG.

"You have argued that GO is innocuous and does not ban hijab and you have left it to CDC to prescribe uniform which shall be adhered to," says Chief Justice Ritu Raj Awasthi.
&nbsp;

"You have argued that GO is innocuous and does not ban hijab and you have left it to CDC to prescribe uniform which shall be adhered to," says Chief Justice Ritu Raj Awasthi.
&nbsp;

Advocate General Prabhuling Navadgi resumes arguments.

Advocate General Prabhuling Navadgi resumes arguments.

Watch the live stream here:&nbsp;
<iframe title="YouTube video player" src="https://www.youtube.com/embed/dDliyrsZkCs" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen"></iframe>

Watch the live stream here:&nbsp;


The bench has assembled for the hearing.
&nbsp;

The bench has assembled for the hearing.
&nbsp;

The Karnataka High Court continues petitions challenging the hijab ban in schools and colleges. On February 18, the Advocate General of Karnataka began his arguments in response to the petitioners' submissions.

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K'taka hijab ban: Hijab not an essential religious practice, reiterates govt

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