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Don't Compare Sikh Practice Of Wearing Turban & Kirpan With Hijab, Observes Supreme Court
Writer: Shiva Chaudhary
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India, 9 Sep 2022 9:18 AM GMT
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Creatives : Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
The statement came when a bench of Justices Hemant Gupta and Sudhanshu Dhulia heard various petitions filed challenging the Karnataka High Court verdict upholding the hijab ban in educational institutions.
The Supreme Court (SC) of India on Thursday (September 8) held that wearing a turban and kirpan is allowed for Sikhs. The five-judge bench stated that there is no comparison between the turban and kirpan of Sikhs with the hijab of Muslims.
The statement came when a bench of Justices Hemant Gupta and Sudhanshu Dhulia heard various petitions filed challenging the Karnataka High Court verdict upholding the hijab ban in educational institutions, reported NDTV.
Drawing Similarities Between Turban/Kirpan And Hijab
Advocate Nizamuddin Pasha, representing one of the petitioners, a student of Islam and Arabic, tried to draw similarities between the turban and kirpan with the hijab.
Pasha argued that the headscarf is a part of the religious practice of Muslim women and asked if women can be contained from attending school wearing a hijab. He added that even Sikh students don turbans. He stressed that cultural practices should be protected.
'Don't Compare Practices'
Justice Gupta replied that comparison with Sikhs might not be appropriate as carrying the kirpan is recognised by the Indian Constitution. He remarked, "So don't compare practices."
Gupta added that there are statutory requirements on turbans, all practices well established in the Indian culture.
Later, Pasha refers to examples of foreign countries such as France, to which the court responded that we do not want to be in accordance with France or Austria. The court remarked, "We are Indians and want to be in India."
Countering Karnataka High Court Ruling
While countering the Karnataka High Court (HC) ruling, Advocate Nizamuddin Pasha said that the hijab or headscarf protects Muslim girls.
Pasha argued that the finding of the Karnataka HC that the hijab is a cultural practice is based on the assumption, and to support his arguments, he cited various religious books.
He also asserted that it was a misreading of the footnote that the state HC held that the hijab is a "recommendation" and not "essential".
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