On Monday advocate general told the Karnataka high court that the petitioner in the hijab case had not filed in support of any material for establishing their claim that wearing the hijab is the essential practice of their religion and guaranteed under the fundamental right of freedom in the Indian constitution.
The petitioner needs to prove in the court that wearing of hijab is religious practice; show that it’s an essential religious practice; it does not violate article 25 of the constitution or any right given under the constitution.
The bench consists of three judges Chief justice Ritu Raj Awasthi, justice Krishna Dixit, Justice Jaibunnisa khazi.
The petitioner approached the court to declare that wearing the hijab is an essential religious practice. The court played a central role in deciding which practice is the essential practice or not.
In the constitution, the right to practice your religion is given but the court narrowed it down to deciding the essential practice of religion and which not essential practice of religion is.
Under article 28 of the constitution, the intention of parliament is to give the right to freely practice religion. And not to include religious practices in educational institutions.