With thousands of pending cases in Supreme Court of India, the apex court is busy understanding the Constitutional Morality. Sr Adv Colin Gonsalves who is appearing for pro-hijab students, while arguing for the petitioners said “Constitutional morality is the ability to see an issue through the eyes of a minority. A person from the majority may not understand quickly. Our people are yet to learn.”
Sr Adv Gonsalves: Constitutional morality is the ability to see an issue through the eyes of a minority. A person from the majority may not understand quickly.
— Bar & Bench (@barandbench) September 15, 2022
The statement made by Senior Advocate Colin Gonsalves seems funny after knowing the tragedy which the majority community of Bharat, that is Hindus went through. If we take cognizance of the statement which Advocate Colin Gonsalves made, the Kashmiri Pandits must not be given justice and no attempts should be made to resettle them in their home ie. Kashmir because “Constitutional morality is the ability to see an issue through the eyes of a minority”. If we take cognizance of the statement which Advocate Colin Gonsalves made, then every Hindu girl who gets raped by a muslim must not be served justice because “Constitutional morality is the ability to see an issue through the eyes of a minority”. If we take cognizance of the statement which Advocate Colin Gonsalves made, every act of terrorism must be held legal and justified because of the involvement of Muslim community in the act. If we take cognizance of the statement which Advocate Colin Gonsalves made, the oldest civilization Bharat which Hindus have protection by spilling their blood will get vanished in no time and we will be sitting right there at the cornor, singing the song of “Constitutional Morality”.
Currently the Hijab controversy which landed or was manufactured by Islamists in January is currently kept at the table of Apex Court. Going back in time, the hijab controversy gained momentum in the first week of January after eight Muslim girls were denied entry to classes in a Udupi college because they were wearing a veil. Muslims girls came up in the streets demanding for hijab to be allowed in school and college campuses. They filed a petition in Karnataka High Court for this.On 15th of March, Karnataka High Court came up with a verdict to uphold ban on hijab in educational institutions.The bench concluded, “We are of the opinion that Government has power to issue GO, we are of the the opinion no case is made out to initiate disciplinary enquiry against college authorities. All writ petitions are dismissed.”
A special bench of Karnataka High Court pronounced it’s judgement and upholded the rights of educational institutions to decide on the school uniform. The special bench had heard the case for a total of 11 days while Justice Krishna S Dixit as a single judge heard it for two days. On 10th February 2022, Justice Krishna Dixit had placed the case before a larger bench for hearing the hijab controversy case.
The special bench while dismissing the petitions of the girls demanding for hijab in educational institutions made an important observation. It said “Hijab is not essential religious practice of Islam. The bench primarily framed four questions, (a) Whether Hijab is an essential religious practice protected under Article 25, (b) Whether school uniform is not legally permissible, (c) Whether the government order of February 5 was issued without application of mind and was arbitrary, and (d) Is any case made out to initiate disciplinary inquiry against college.
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