Karnataka HC doesn't have expertise to interpret Quran, petitioners in hijab row to SC


New Delhi, Sep 12 (IANS): Petitioners in the hijab ban case on Monday told the Supreme Court that Karnataka High Court faulted by holding wearing of the headscarf is not an essential practice of Islam, contending that since the court had no expertise in the field, it should not have gone into the issue of whether hijab was an essential religious practice by interpreting the Quran.

Senior advocate Yusuf Mucchala submitted before a bench of Justices Hemant Gupta and Sudhanshu Dhulia that human dignity is a constitutionally protected facet and scriptures say people have to observe modesty and wearing of the headscarf may be a personal marker in this context.

He said interpreters and scholars may disagree, but if a woman thinks wearing hijab is right, then she should follow it. "It is not the job of the courts to say follow one and don't follow the other," he said.

He added further that the Karnataka High Court used one interpretation of the Quran against another to give a finding on the essentiality of the hijab, which is objectionable.

The bench replied that it had no option, as the petitioners claimed it to be essential religious practice. "What option does the high court have but to point it out? Now you say the high court cannot do this."

Muchhala said it is only judicial wisdom to not touch a field in which the court has no expertise and the court should have stayed away from it. "When HC encountered the question, it should have said hands off, we cannot look into that," he said.

He said whether hijab is a fundamental right or not is applicable here and the question here is not about religious denomination but an individual's fundamental rights.

The apex court was hearing submissions on the fourth day against the Karnataka High Court's judgement of March 15 upholding ban on hijab in pre-university colleges.

The high court found no infirmity in the state government's order that virtually banned the wearing of hijab by Muslim girls studying in pre-university colleges.

The top court scheduled the matter for further hearing on September 14.

 

 

 

 

 

  

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Comment on this article

  • mohan prabhu, LL.D. QC, mangalore/canada

    Tue, Sep 13 2022

    Fundamental Rights are guaranteed by the Constitution, Individual rights are guaranteed Not by the Constitution BUT by the laws of each country, and are subjecto democratic changes. Even Fundamental Rights can be suspended in case of national emergency as did Rahul's grandmother, Indira Gandhi.

    DisAgree Agree [1] Reply Report Abuse

  • Nithin, Bangalore/SA

    Tue, Sep 13 2022

    Excellent, now our supreme court itself is useless according to this community, look at the state of minorities in Pookistan so sad, despite all the privileges in this country living in India muslims support pakistan, create terrorism, disturbance all over the country, Europe has started to realise the mistake of providing asylum to people from this community,

    DisAgree [21] Agree [26] Reply Report Abuse

  • Ozy, Surathkal

    Tue, Sep 13 2022

    I can't understand why court can't digest a simple wearing of scaf.?

    DisAgree [15] Agree [12] Reply Report Abuse

  • Mbeary, Dxb

    Tue, Sep 13 2022

    People who are ok with ban on meat sale on festivals as it hurts religious sentiments are preaching about essential practice of a religion

    DisAgree [14] Agree [12] Reply Report Abuse

  • k b r, Mangala Uru

    Tue, Sep 13 2022

    courts should not entertain any cases / plaints based on religious texts...in a democratic secular country, religious texts cannot be held binding on citizens...

    DisAgree [6] Agree [19] Reply Report Abuse

  • Melroy C.F.Fernandes, Mangalore

    Tue, Sep 13 2022

    I second you ,Sir!

    DisAgree [3] Agree [11] Reply Report Abuse

  • David Pais, Mangalore

    Tue, Sep 13 2022

    mullas should not bring their religious rights X2 educational institutions & 4 each & everything about da religion everywhere. da kripan worn by da sikhs is allowed in da constitution. where as da hijab, burqa, veil & head scarf r not specified in the constitution. here is da futile arguments from da fundamentalists.

    DisAgree [2] Agree [3] Reply Report Abuse

  • GURKA, Mangaluru

    Tue, Sep 13 2022

    These all mockery of the system!! everybody wants to waste the time instead of investing in productivity

    DisAgree [4] Agree [18] Reply Report Abuse

  • g m hegde, mumbai

    Tue, Sep 13 2022

    If alleged head scarf is essential religious practice then how come skull cap & beard are not? If they are then this is just a laboratory for things to come in future to impose radicalization on a free multicultural society step by step which must be resusted by all sane people & hounarable courts

    DisAgree [8] Agree [30] Reply Report Abuse

  • prakash, Manipal

    Tue, Sep 13 2022

    Our nation is blessed with an institution called supreme court... These decisions by series of lower courts actually are reviewed and read between the lines by the honorable top court... Sections of society always feel their point is perfect... Majority is a might but not often right... We have seen intimidations grow unprovoked these days... Just day before in Kalburgi there was inflammatory song played in front of a mosque while flashing lights over it by members of Ganesha procession... These acts are encouraged by the lenience shown by the government towards divisive forces... Late Mr. Rakesh Jhunjhunwala said, " India will be greater super power than China in 25 years"... But that will be true only when our younger generation towers above religious fundamentalism... National positivity level can only rise when we the people remove religious negativity towards each other...

    DisAgree [3] Agree [21] Reply Report Abuse

  • Satya M, Mangaluru

    Tue, Sep 13 2022

    "He said interpreters and scholars may disagree, but if a woman thinks wearing hijab is right, then she should follow it. "It is not the job of the courts to say follow one and don't follow the other," he said' - Why don't they just state the facts, that they want Sharia and in the process get rid of democracy and freedom. We all should oppose Sharia for various reasons. 1. It discriminates between religions, between Man & woman and does not give equal right to minorities and is flawed in many ways 2. Its laws are thousands of years old i.e. like cutting hands of thieves, stoning to death for adultery, marrying multiple wives and divorcing them with ease 3. Sharia are the laws of their deity and Prophet, whereas democratic laws are man made and hence should be opposed and replaced by Sharia 4. Though there are 57 Muslim majority countries not one single country is fully democratic. 5. Wearing hijab is following the Islamic dress code is Sharia (Islamic Law) Compliant.

    DisAgree [9] Agree [28] Reply Report Abuse

  • Daniel, Udupi

    Tue, Sep 13 2022

    Democracy is man made you say so is right, as they are the gift of Christian theology to the World based on Lord God Jesus Christ Teachings and almost all countries followed and established the Laws accordingly. Commands what NOT to Do, be righteous and all equal in the sight of God & humans, brought Dignity to Life, peaceful society, that's all.

    DisAgree [6] Agree [10] Reply Report Abuse

  • Joel, Mangalore

    Tue, Sep 13 2022

    Which peace are you talking about? Every war fought till now is because of religion. Religion was meant to give people a way of life but people misused it for their own gain. Let me tell you one thing all religions have problems in them

    DisAgree [4] Agree [13] Reply Report Abuse

  • Ashraf, Mangalore

    Tue, Sep 13 2022

    Why are you crying? Can sense your real face.

    DisAgree [2] Agree [6] Reply Report Abuse


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Title: Karnataka HC doesn't have expertise to interpret Quran, petitioners in hijab row to SC



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