Karnataka Hijab ban: Not very fair to compare with practices in Sikhism, says SC

The Supreme Court’s ruling raises some discomfiting questions. Many see in the ruling the green light to the Central Agency to overstep the boundaries of personal freedom and privacy rights and indulge in political witch hunts targeting only government's adversaries.

It is “not very fair” to compare the practices in Sikhism as they are well engrained in the culture of the country, the Supreme Court said on Thursday while asking the petitioners in the Karnataka Hijab ban matter not to draw a parallel between Muslim and Sikh religious practices.

Hearing arguments on a batch of pleas challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state, the apex court observed the five Ks in Sikhism—Kesh, Kara, Kanga, Kaccha and Kirpan—are well established.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia observed this after an advocate, appearing for one of the petitioners in the case, gave an example of Sikhism and turban.

“It is not very fair to compare the rights or the practices in Sikhism. The five Ks are well established,” the bench observed. The top court referred to Article 25 of the Constitution and said it provides for carrying of Kirpan by Sikhs. Article 25 of the Constitution deals with freedom of conscience and free profession, practice and propagation of religion. “Don’t compare these practices because they have been recognised for over 100 years,” the bench said.

Advocate Nizam Pasha, arguing for one of the petitioners, said Article 25 mentions only Kirpan and not the other Ks. “What we are saying is, please do not draw any parity with Sikhism. That is all. That is what we are saying,” the bench said. Observing that arguments were advanced about Kara and turban, the bench said the practices in Sikhism are well established and well engrained in the culture of the country.

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