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NEW DELHI: Challenging a Karnataka HC decision upholding hijab ban in educational institutions, the Muslim side on Monday told the Supreme Court that the ban impinged minority community’s faith in India and the right to freedom of conscience guaranteed to every citizen by the Constitution to choose and follow any religious practice, including hijab.
During the two-hour long inconclusive arguments, petitioner Munisha Bushra Abedi's counsel Dushyant Dave meandered through India’s history, referred to tolerance practiced during Mughal emperor Akbar and the compromise recorded in the Constituent assembly debates for bestowing certain special rights to minority community in the Constitution and attempted to drive home that ‘tolerance’ and ‘fraternity’ are cardinal principles in the democratic governance of a multi-cultural India.
Abedi's two other co-petitioners are All India Muslim Personal Law Board and Jaleesa Sultana Yaseen.
Repeatedly requesting a bench of Justices Hemant Gupta and Sudhanshu Dhulia not to interpret the Constitution in a manner that would impinge upon the faith of minority community in India and the Constitutional guarantees, Dave said a religious practice, like hijab, may not be ‘essential’ but if a person chose to practice it as per his conscience, there is little the courts or authorities can do.
To elaborate on the faith reposed by the Muslim community in India, Dave said, “More than 10,000 suicide bombings have taken place in the Islamic world. Only one in India (has taken place). This means the minority community has faith in India. Every day the newspapers report suicide bombings from Iraq, Syria and other countries, but not in India,” he said. He appeared to convey that tinkering with religious practices could be a major reason for sectarian violence.
Dave said, “Religious practices are individual preferences. How one practices his religion is his or her choice. Whether a person practices a religious custom, be it wearing hijab or putting a ‘tilak’ on the forehead, is his/her personal choice. Basic structure of the Constitution guarantees the freedom of conscience when it comes to religion and religious practices.”
“Regrettably, the Karnataka HC judges did not understand the constitutional morality, vision and freedoms guaranteed to every citizen and its interplay with the right to freedom of conscience. Religious practices are not confined to a structure commanded by a religion. An individual can choose a religious practice or prescribed by a community,” he said, adding Muslim women in every country have been wearing it for centuries either as a religious belief or personal choice, just like the Sikhs wear turban.
Dave said, “Our PM wears beautiful headgears from different regions every year while hoisting the flag on Independence Day celebrations. Similarly, the Muslim women want to wear hijab, either out of choice or religious belief. No court nor authority can stop it. The teachers and students are not mandated to keep their fundamental rights at the gates of the educational institutions before entering its premises." Arguments would continue on Tuesday.
timesofindia.indiatimes.com
During the two-hour long inconclusive arguments, petitioner Munisha Bushra Abedi's counsel Dushyant Dave meandered through India’s history, referred to tolerance practiced during Mughal emperor Akbar and the compromise recorded in the Constituent assembly debates for bestowing certain special rights to minority community in the Constitution and attempted to drive home that ‘tolerance’ and ‘fraternity’ are cardinal principles in the democratic governance of a multi-cultural India.
Abedi's two other co-petitioners are All India Muslim Personal Law Board and Jaleesa Sultana Yaseen.
Repeatedly requesting a bench of Justices Hemant Gupta and Sudhanshu Dhulia not to interpret the Constitution in a manner that would impinge upon the faith of minority community in India and the Constitutional guarantees, Dave said a religious practice, like hijab, may not be ‘essential’ but if a person chose to practice it as per his conscience, there is little the courts or authorities can do.
To elaborate on the faith reposed by the Muslim community in India, Dave said, “More than 10,000 suicide bombings have taken place in the Islamic world. Only one in India (has taken place). This means the minority community has faith in India. Every day the newspapers report suicide bombings from Iraq, Syria and other countries, but not in India,” he said. He appeared to convey that tinkering with religious practices could be a major reason for sectarian violence.
Dave said, “Religious practices are individual preferences. How one practices his religion is his or her choice. Whether a person practices a religious custom, be it wearing hijab or putting a ‘tilak’ on the forehead, is his/her personal choice. Basic structure of the Constitution guarantees the freedom of conscience when it comes to religion and religious practices.”
“Regrettably, the Karnataka HC judges did not understand the constitutional morality, vision and freedoms guaranteed to every citizen and its interplay with the right to freedom of conscience. Religious practices are not confined to a structure commanded by a religion. An individual can choose a religious practice or prescribed by a community,” he said, adding Muslim women in every country have been wearing it for centuries either as a religious belief or personal choice, just like the Sikhs wear turban.
Dave said, “Our PM wears beautiful headgears from different regions every year while hoisting the flag on Independence Day celebrations. Similarly, the Muslim women want to wear hijab, either out of choice or religious belief. No court nor authority can stop it. The teachers and students are not mandated to keep their fundamental rights at the gates of the educational institutions before entering its premises." Arguments would continue on Tuesday.
No suicide bombing in India shows Muslims’ faith in the country: Dave | India News - Times of India
India News: NEW DELHI: Challenging a Karnataka HC decision upholding hijab ban in educational institutions, the Muslim side on Monday told the Supreme Court that .
timesofindia.indiatimes.com
