The Supreme Court told the petitioners in the case challenging the hijab ban in Karnataka government educational institutions on Thursday that comparisons with turbans worn by Sikhs would be ‘inappropriate’.
“The Supreme Court has recognised turbans worn by Sikhs as one of the five essential components of Sikhism,” according to a bench presided over by Justice Hemant Gupta.
“There are requirement on turbans. Five-judge bench of this court held that wearing turban and kirpan is essential for Sikhs. That is why we are saying comparison with Sikh may not be proper. 5Ks of Sikh has been held to be mandatory,” Justice Gupta said, according to a report by Bar and Bench.
Justice Gupta said that comparison with Sikhs may not be proper as carrying of the kirpan is recognized by the Constitution. “So don’t compare practices,” the court remarked.
One of the petitioners’ counsel, Advocate Nizam Pasha, responded that the same is true for Muslim women wearing hijab.
“Similarly Islam is also there for 1400 years and the Hijab is also present,” Pasha responded.
Pasha added that the ruling by the Karnataka High Court maintaining the hijab ban was almost blasphemous.
He said that the High Court had noted that because Quranic laws stretch back more than 1500 years, they are irrelevant today.
Justice Gupta said there are statutory requirements on turbans and these are all practices well established in the culture of the country.
Pasha also tried to cite examples of foreign countries like France.
Justice Gupta said that India does not want to be according to France or Austria. “We are Indians and want to be in India,” the court said.
The hearing will resume on September 12 with Senior Counsel Salman Khurshid arguing for the petitioners.
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