Hijab Should Satisfy Tests Of Constitutional Morality & Individual Dignity As Held In Sabarimala Case : AG Tells Karnataka HC
Live LawWearing hijab opposed to constitutional morality and individual dignity: AG The AG today argued that even if all the arguments made by the petitioners are accepted, the Court will have to see whether the mandate to wear hijab would stand the test of constitutional morality and individual dignity, laid down by the Supreme Court in Young Lawyers Association v. State of Kerala. Justice Chandrachud had observed, "To treat women as children of a lesser god is to blink at the Constitution itself.To allow practices derogatory to the dignity of a woman in matters of faith & worship would permit a conscious breach of the fundamental duties of every citizen." Justice Dixit inquired whether a declaration that Mangalsutra is an essential practice of Hindu religion would mean that the Court has directed all Hindu women to wear it? "You want to say suppose the court hold that wearing of hijab is essential religious practice, the women who do not wear will be lowering their dignity?," the Chief Justice asked.