During the two-hour long inconclusive arguments, petitioner Munisha Bushra Abedi’s lawyer Dushyant Dave spoke about the history of India, in the debate of the Constituent Assembly for tolerance during the Mughal Emperor Akbar and granting certain special rights to the minority community in the Constitution. Mentioned agreement. It attempted to drive home that ‘tolerance’ and ‘fraternity’ are cardinal principles in the democratic governance of multi-cultural India.
Abedi’s two other co-petitioners are All India Muslim Personal Law Board and Jalisa Sultana Yasin.
Repeatedly requesting a bench of Justices Hemant Gupta and Justice Sudhanshu Dhulia that the Constitution should not be interpreted in a way that affects the faith and constitutional guarantees of the minority community in India, Dave said that religious practices like hijab,’ may not be required. But if a person wishes to practice it according to his discretion, there is little the court or the authorities can do.
Elaborating on the faith of the Muslim community in India, Dave said, “There have been more than 10,000 suicide bombings in the Islamic world. Only one (has happened) in India. It means the faith of the minority community in India. Every day newspapers report suicide bombings from Iraq, Syria and other countries, but not in India,” he said. He appeared to point out that tinkering with religious practices is a major cause of sectarian violence. could.
Dave said, “Religious practices are personal preferences. How one practices one’s religion is their choice. Whether one follows a religious practice, whether it is wearing a hijab or applying ’tilak’ on the forehead, is his personal choice.” The basic structure of the Constitution guarantees freedom of conscience when it comes to religion and religious practices.”
“Sadly, the judges of the Karnataka HC did not understand the constitutional morality, vision and its interplay with the liberty given to every citizen and the right to freedom of conscience. Religious practices are not confined to the framework governed by any religion. A person can choose a religious practice or be prescribed by a community,” he said, adding that Muslim women in every country have worn it for centuries, either as a matter of religious belief or personal preference, like Sikhs wearing turbans.
Dave said, ‘Our PM wears beautiful caps from different regions every year while hoisting the flag in the Independence Day celebrations. Similarly, Muslim women choose to wear the hijab, either by choice or by religious belief. No court or authority can stop it. It is not mandatory for teachers and students to exercise their fundamental rights before entering the premises of educational institutions.” The debate will continue on Tuesday as well.