Hijab case: If right to dress is fundamental right then right to undress becomes fundamental right: SCNew Delhi, Sep 09: The Supreme Court made some strong observations while stating that Sikhism is ingrained in India and cannot be compared with Islamic practices. The observations were made by the court while hearing a batch of appeals which challenged the ban on wearing hijab in Karnataka's pre-university colleges.
A Bench comprising Justices Hemant Gupta and Sudhanshu Dhulia disagreed with the contention that the Karnataka High Court's March 15 order which upheld the hijab ban was based on interpretation Islam bordering on blasphemy.
The court also said that it was not right to compare the hijab with the turban as the Sikh religion has been ingrained in Indian culture and the validity of the same has been upheld by a five-judge Bench earlier.
The observation came in retort to the submission by advocate Nizamuddin Pasha, appearing for petitioners who said that the growing hair and wearing a turban is one of the 5 Ks of Sikhism and obeying the word of Allah in the Quran is part of the Tauheed or faith, one of the five pillars of Islam. Hence the duality of the position vis-e-vis hijab reflected in discrimination on the part of the state authorities.
The Bench however reminded the petitioners that the 5 Ks of Sikhism has been held to be mandatory and a five-judge Bench of this court held that wearing a turban and kirpan is essential for Sikhs. This is why we say that the comparison with Sikhs may not be proper, the Bench said while adding that Sikhism has been ingrained in Indian culture.