TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Hills gridlocked: Long weekend rush chokes Shimla, Manali, Mussoorie and Kainchi Dham

    Hills gridlocked: Long weekend rush chokes Shimla, Manali, Mussoorie and Kainchi Dham

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    GANDHI’S WAR 1918: WHEN AHIMSA BACKED THE EMPIRE

    The Collaborationist Apostle: Gandhi’s 1918 Betrayal of Ahinsa

    Mahatma Gandhi’s views on Cows, Cow Vigilantism and Cow-Slaughter

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Hills gridlocked: Long weekend rush chokes Shimla, Manali, Mussoorie and Kainchi Dham

    Hills gridlocked: Long weekend rush chokes Shimla, Manali, Mussoorie and Kainchi Dham

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    GANDHI’S WAR 1918: WHEN AHIMSA BACKED THE EMPIRE

    The Collaborationist Apostle: Gandhi’s 1918 Betrayal of Ahinsa

    Mahatma Gandhi’s views on Cows, Cow Vigilantism and Cow-Slaughter

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Justice Hemant Gupta and Justice Sudhanshu Dhulia hit the Burqa Gang out of courtroom

Rahul Gupta by Rahul Gupta
9 September 2022
in Law
Justice Gupta
Share on FacebookShare on X

There are some special kinds of communities in India, who have always given preference to their religion rather than the nation. For them, their personal laws carry higher value than the constitutional laws. They give preference to the medieval regressive theories of social construct rather than the modern one. This special character has deepened to such a level in The Democratic Republic of India that they have their own personal laws to govern them. In the social governance of the particular community, their medieval religious laws always prevail. The situation has reached such a level that they do not hesitate to challenge the modern rule of law developed with modern reasoning.

The SC Hit Burqa Gang Out of the Courtroom

While hearing a batch of 23 petitions seeking right to wear hijab for Muslim girl in public educational institutions, the Supreme Court bench, comprising of Justices Hemant Gupta and Sudhanshu Dhulia, posed some of the very uncomfortable questions to the petitioners.

RelatedPosts

Supreme Court: Bar Council of India Has No Power to Discipline Law Students, Only Enrolled Advocates

FSSAI moves to red-flag junk food, under pressure from the Supreme Court

Ram Mandir Donation Probe Faces Fresh Scrutiny

Load More

Senior Advocate Rajeev Dhawan appearing for the petitioners argued that to decide whether headscarf was an essential religious practice or not, a constitutional bench should be formed under Article 145(3) (to hear substantial questions of law, the minimum number of Judges shall be five) of the Indian Constitution.

In response to that Justice Gupta replied, “while wearing of the scarf may or may not be an essential practice, the question could be as to whether the government could regulate the dress code?”

Advocate Rajeev Dhawan further argued that there were judges wearing tilak, pagdis etc.

Muffled by the argument, Justice Gupta said, “My grandfather used to wear it while practising law. Don’t equate it with religion…Our Preamble says ours is a secular country. In a secular country can you say that religious clothing has to be worn in a government run institution? This can be an argument”.

Read More: Hijab movement is not cultural Islam but political Islam, and the government must deal with it accordingly

Back to Square One – Article 19, 21 and 25

In the continuation of hearing, the petitioners finally brought the foundational question of law. Arguing on behalf of petitioners, Senior Advocate Devadatt Kamat contended that Indian Constitution accepts Positive Secularism. Hence, the government must exercise reasonable accommodation in religious practices. Thus, aligning fundamental rights given under Article 19,21 and 25, Muslim girls should be allowed to wear Hijab in education institutions in addition to uniform.

Not convinced by the argument of fundamental rights, Justice Gupta stated, “It is not the question of violating other’s fundamental rights, the question is whether you have the fundamental right?”

In another point of argument, when petitioners’ counsel raised the fundamental rights of freedom of expression to wear a dress, Justice Gupta refuting the argument said, “I remember the news – a lady advocate came in a jeans and it was objected to saying you can’t wear jeans. But technically can the woman say you can’t bar me for wearing a jeans…If you go to a Golf Course, there is a dress code. Can you say I can wear the dress I like there?…In some restaurants, you have a formal dress code, in some you have a casual dress code.”

Read More: Hijab is not an essential practice of Islam : Karnataka High Court

Uniforms Promote Harmony

The present petition is the result of Karnataka High Court’s Judgement, in which the Court declared that Hijab is not an essential practice in Islam. The conflict raised, when on 5th February 2022, the Karnataka Government issued an order directing all schools and colleges in the State to follow Student Uniform. In consequence of the order, Hijab was banned in educational institutions. The issue in case was: –

  1. Whether Hijab is an Essential Religious Practice protected under Article 25 of the Constitution of India?
  2. Whether school uniforms are not legally permissible?
  3. Whether the Government Order of 5th February was issued without application of mind and is arbitrary?

The Karnataka High Court in its judgement observed that “The Holy Quran does not mandate wearing Hijab or headgear for Muslim women. Hijab at most means to gain access to public places and not a religious end itself. At the most, the practice of wearing this apparel may have something to do with culture but certainly not with religion.”

Further explaining the importance of uniform in school, the court observed that “No reasonable mind can imagine a school without a uniform. Uniform is not of a nascent origin. It is not that Mughals or Britishers brought it here. It has been there since the ancient Gurukul days. School uniforms promote harmony & spirit of common brotherhood transcending religious or sectional diversities.”

While the case has reached the Apex Court of the nation, the argument and issue remains the same. Does the government have power to regulate the dress code of the public institutions? Does Hijab constitute an essential religious practice of Islam? Can public morality prevail over religious morality? In the initial proceedings Justice Dhulia and Justice Gupta have cleared the fact that reasonability will always prevail over regressive religious bigotry in a secular state. The Apex Court has further sent a clear message to Burqa Gang that the state would be governed according to rule of law not rule of personal law. Personal laws should be kept in the personal sphere of life.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

Tags: ConstitutionHijab RowJusticeKarnataka High CourtLawReligionSupreme Court
ShareTweetSend
Previous Post

Indian govt bonds are soon going to be a reality but the Modi govt. won’t comply to Western nations

Next Post

Chilli Chocolate, Bamboo Biscuits, Naga Coffee: Products from Northeast are going to get a big boost

Related Posts

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

00:10:03

How Pakistan-Linked Drug Networks Are Targeting India | Coast Guard Deals a ₹3,000 Crore Blow

00:03:28

How SkyStriker Hunts Its Target: Inside India’s Loitering Munition

00:03:49

F-35 vs Rafale? Inside India’s Biggest Air Exercise

00:05:54

China and the Philippines Are Fighting a War With Maps, Not Missiles

00:05:55
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited