The hearing on the Hijab case is going on in the Supreme Court.
A bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia is hearing this.
Today is the 8th day of hearing.
On hijab ban, Dushyant Dave said that the government's argument is that protection under Articles 25 and 26 is only for those who are an integral and essential part of religion.
This practice may be religious practice, but is not an essential and integral part of the practice of that religion.
It is not protected by the constitution, but this argument of the government is not correct.
Justice Dhulia: Can't we deal with the situation by setting aside essential religious practices?
Dave: But the High Court has dealt with the matter only on the essential religious practice.
Supreme Court - Why are we debating essential religious practice?
And some of them were not taken up by the HC?
Dave: Because the High Court only commented on the EFP and that too without taking proper perspective read many precedent-setting decisions.
Justice Dhulia: He was dealing with the February 5 circular (of the Government of Karnataka) and the circular said that it is not necessary in these judgments and it has been left to the committee, so in that context the High Court has to make religious practice necessary. had to deal with.
Dushyant Dave said that the question that has to be decided whether a religious practice is an integral part of religion or not, there will always be a question on whether it is perceived as such by the community following the religion.