New Delhi: The Supreme Court is hearing the petitions challenging the decision of the Karnataka High Court on the Hijab controversy. The Muslim side on Thursday (15 September 2022) objected to the High Court's decision in the apex court, in which they had referred to Babasaheb Bhimrao Ambedkar. He said, 'Ambedkar's statement is one-sided and completely biased. Now such things cannot be repeated in India.'
Advocate Colin Gonsalves, appearing for the Muslim side, told the bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia that, 'Bhimrao Ambedkar's statement is great, but it is also an objectionable statement. This is not something to be repeated in India. This is a completely biased statement.' To this, Justice Dhulia said, 'Dr Ambedkar made this statement in the context of that time.' Lawyer Colin Gonsalves said that "Many of the observations made by the High Court hurt the religious sentiments of the community and give misleading information regarding Islam to other religions." Gonsalves said 'The High Court's judgment pertains to the majority community, where the minority view was partially viewed. There is no constitutional freedom in this. There are shocking facts in the verdict, which hurt. The hijab should also be given protection like the Sikh turban and kirpan.'
To this, Justice Hemant Gupta told Gonsalves, appearing for the Muslim side, that the court has to decide each case on the basis of its setup. In this case, the question was whether it (hijab) is a necessary religious practice. The High Court has given its decision in view of this fact. The question to be argued was whether these girls were wearing hijabs before the controversy. To this observation of the apex court, counsel for the Muslim side Colin Gonsalves replied that the question to be asked is not whether some of the girls were wearing hijab or not. The question is whether the hijab is a part of Islam, so the answer is yes, it certainly is. Millions of girls wear hijab and consider it necessary.
Terming the High Court's decision as hurtful, Gonsalves also referred to the comments in which insisting on wearing the hijab was against women's freedom. He said, 'This is not the language of justice. This is not a decision which should be passed. The decision of the High Court is not respectable for the Muslim community. It was a one-sided approach. This decision should be set aside and sent back to a separate bench of the High Court.'
Let us tell you that while delivering its verdict on the Hijab controversy, the High Court also mentioned Babasaheb Bhimrao Ambedkar, the architect of the Constitution. The court, while justifying the ban on hijab in educational institutions, referred to Ambedkar's remarks on the purdah system and said that "his opinion on the veil was applicable to the issue of hijab also". If things like purdah, and hijab are there in any community, then it can be debated. This affects the freedom of women. This is against the spirit of the Constitution, which talks of equal opportunities for all, participation in public life and positive secularism.
The Muslim side is constantly changing its arguments in the case of the Hijab:-
Let us tell you that in the hearing held on Monday, the Muslim side changed its tone and said that the requirement of hijab should be seen as a right of women instead of the Quran. On this, the Supreme Court has also sought an answer from the advocate on the changing arguments. Earlier, the Muslim side had called the hijab necessary in Islam. But, when the court said that the hijab is not mandatory in Islam, the lawyers for the Muslim side began to say that it should be seen from the point of view of women's rights, not from the point of view of the Quran or Islam. Let us tell you that according to women's rights, the women of the country have the freedom to wear whatever they want, but the rules of educational institutions are different. In such a situation, the hearing is going on in the Supreme Court only regarding the demand for wearing hijab in educational institutions.
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