New Delhi: Young women and girls in many parts of Karnataka were not allowed to enter schools and colleges on Saturday as they arrived in hijabs, despite a court order, as the issue showed no signs of abating after its flare-up about a fortnight ago that prompted the government to close down institutions for a couple of days.
Chief Minister Basavaraj Bommai has blamed 'outsiders' for the problem and said the issue would be resolved soon.
"The problem is being created by outsiders. The issue would be resolved by the principal, students and the parents. The atmosphere needs to be calmed. I am getting all the information about the happenings in the state," Mr Bommai told reporters in Bengaluru.
According to the information received, as many as 15 Muslim girls have been booked in Tumakuru and 58 students were suspended in Shivamogga for staging demonstrations outside their colleges.
Here are the LIVE updates on the Hijab Row:
Feb 21, 2022 16:30 (IST)
AG : (continuing 3rd point) Foundation of religion must be based on that. It must be co-existent with the religion.
4. Binding nature. If it is optional, then it is not essential. If wearing of it is not obligatory, then it is not essential.
Feb 21, 2022 16:28 (IST)
AG: From a reading of these cases, I would carve out five principles for the present case :
1.The practise must be fundamental to the religion.
2 If the practise is not followed, it will change the religion itself.
3. Practice must precede the birth of religion.
Feb 21, 2022 16:28 (IST)
AG quotes from Triple Talaq case : A practice claimed to be essential must be mandatory and not optional.
Feb 21, 2022 16:28 (IST)
AG reads the conclusions in Triple Talaq case :
1. Views of religious denomination, though significant are not determinative in essentiality of practice.
2. Courts have central role.
Feb 21, 2022 16:28 (IST)
AG refers to Shayara Bano (Triple Talaq) case.
Feb 21, 2022 16:10 (IST)
AG continues referring to Sabarimala case judgment.
Feb 21, 2022 16:09 (IST)
AG: 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.
Feb 21, 2022 16:09 (IST)
AG : His (Munshi's ) thrust was on unity of the nation and on the narrowing down of religious practices.
Feb 21, 2022 16:09 (IST)
AG quotes Munshi : "Religion must be restricted to spheres which legitimately appertain to religion, and the rest of life must be regulated, unified and modified in such a manner that we may evolve, as early as possible, a strong and consolidated nation"
Feb 21, 2022 16:09 (IST)
AG quotes Munshi - We want to divorce religion from personal law. We are in a stage where we must unify our nation without interfering with religious practice. Religion must be restricted to spheres which are religious.
Feb 21, 2022 16:09 (IST)
AG : 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 says Munshi's remarks have been quoted by CJ Kehar in Shayra Bano case.
Feb 21, 2022 16:09 (IST)
AG : 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 munshin in constitutent assembly debates. This has beeen quoted in the Shayra Bano case.
Feb 21, 2022 16:09 (IST)
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"
Feb 21, 2022 15:49 (IST)
AG : The Shirur mutt judgement was read as if dress and food would automatically qualify as Essential Religious Practice. But this has to be understood in the light of the subsequent judgment which says a pragmatic approach should be taken
Feb 21, 2022 15:49 (IST)
AG quotes from the above judgment to say that issues like dress or food and mundane activities cannot be regarded as part of religious practices and a pragmatic approach should be taken.
Feb 21, 2022 15:48 (IST)
AG refers to "A.S. Narayana Deekshitulu Etc vs State Of Andhra Pradesh"
Feb 21, 2022 15:48 (IST)
"..which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress". AG continues - The other side read out this to argue food and dress can also form part of religion. But kindly see how this has been clarified
Feb 21, 2022 15:48 (IST)
AG refers to Shirur Mutt case - This sentence was read out by other side to say dress also forms part of religion.
"A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship..
Feb 21, 2022 15:48 (IST)
AG: In the context of hijab, I wanted to bring to the notice, that Supreme Court has said why food and dress should not be considered as Essential Religious Practices.
Feb 21, 2022 15:48 (IST)
AG refers to the Sri Venkataramana Devaruand case, and says there the SC did not accept the plea that Gowda Saraswat Brahmins can claim a right that other communities cannot be allowed access in Moolky temple.
