On the third day of the hearing in case challenging hijab ban in the educational institutes by the Karnataka government educational ,the Supreme Court said to the petitioners that comparing hijab with the turban worn by the Sikh community is improper.
A bench which was headed by Justice Hemant Gupta explained the petitioners that the turbans worn by Sikhs is part of the five compulsory disciplines of Sikhism which have been recognised by the Supreme Court as such.
Justice Gupta added that the “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”
One of the petitioner was represented by Advocate Nizam Pasha said that the same is the case with hijab for Muslim women.
He told the court that “Just like the 5Ks for Sikhs are the 5 pillars of Islam and that is the exact position for us,” he said.
Justice Gupta maintained “Please do not compare with Sikhism. It has been completely ingrained in Indian culture.”
Pasha in the equal fervour said “Similarly Islam is also there for 1400 years and the Hijab is also present.”
Pasha called the judgement by the Karnataka High Court upholding the hijab blasphemous .
Adding to his points, he submitted that the High Court has observed that Quranic prescriptions are as old as 1500 years and hold no implications.
He also said that High Court saying that verse of Quran is not relevant now anymore borders on blasphemy.
The hearing is yet not over and so are the point that both sides want to convey.
Keeping this in mind,the hearing will continue on September 12.
The arguments shall be made by the Senior Counsel Salman Khurshid.