Is hijab essential to Islam? State questions in Karnataka HC, next hearing tomorrow
India Today
Advocate General Prabhuling Navadgi, appearing on behalf of the state in the Karnataka HC, said that for hijab to be a right under Article 25, it will have to be essential to religion, which will make it binding for all women who follow Islam.
The Karnataka government on Monday argued that for hijab to be protected as a right under Article 25, it will have to be essential to religion. Advocate General Prabhuling Navadgi, appearing on behalf of the state in the Karnataka High Court, said, "For protection under Article 25, the practice has to be essential to the religion itself."
Referring to previous judgments in the Sabrimala case, Venkata Swamy case, and Shiroor Mutt case, the advocate general argued, "Earlier, the question was what is "essentially religious". Then there was a shift in the judicial approach and now the court needs to determine even if something was "essentially religious", but it is "essential to religion"."
"Thus, it has to be shown that wearing the hijab is essential to Islam," AG Navadgi said. Click here for live updates on Karnataka hijab row
However, the AG, said that arguing that something is essential to religion would be like a religious sanction.
"The petitioners are seeking a declaration of a particular dress format to become part of religious sanction so as to bind every woman who follows the Islamic faith. That is the seriousness of the claim," the AG said in court.
Quoting the Sabrimala case, AG Navadgi said, "If a practice is optional, it has been held that it cannot be said to be ‘essential’ to a religion. A practice claimed to be essential must be such that the nature of the religion would be altered in the absence of that practice."
Thus, he said, the following principles should be applied to the present case to ascertain if hijab was protected under Article 25:
