Though the Supreme Court delivered a split verdict in Hijab ban case, both the judges of the bench did not decide the question whether the wearing of hijab is considered as an essential religious practice. The Karnataka High Court had held that hijab was not an essential religious practice of Islam and hence the petitioners could not claim protection under …
A Full Bench of the Karnataka High Court today continued hearing Advocate General Prabhuling Navadgi on behalf of the State, in the petitions filed by Muslim girl students, who have challenged the action of a government college in denying their entry for wearing a hijab. Burden on Petitioners to show that wearing hijab is essential religious practice: AG Navadgi told …
The essential religious practices test is one of the enduring burdens of Indian constitutional law. While there are good reasons for jettisoning the test – not least that it has no foundation in the Constitution, has been repeatedly demonstrated to be arbitrary, and that other – better – tests exist, in this post I want to make another point: by …
