New Delhi: The Supreme Court today asked the petitioners not to mix the traditions of Muslim and Sikh religion while hearing a case related to the ban on hijab in Karnataka.
The court said that it is unreasonable to equate Muslim traditions with Sikhism as Sikhism is also enshrined in the culture of the country.
The apex court was hearing a batch of petitions challenging the Karnataka High Court’s decision refusing to stay the state government’s decision on the ban on hijab in educational institutions.
The apex court said that the five kakars – case, kara, kangha, kachehra and kirpan – are fully established in Sikhism and have a unique identity. A bench of Justices Hemant Gupta and Sudhanshu Dhulia made the observations after the counsel appearing for the petitioners cited the example of Sikhism and turban in his arguments.
“We can’t compare tenets of Sikhism with hijab. The five ‘kakars’ are fully established.”
Referring to Article 25 of the Constitution, the supreme court said that it allows Sikhs to wear kirpans. This section allows freedom of conscience to practice business, tradition and any religion. ”
Don’t mix these traditions as they have been accepted for more than 100 years, the court said.
Advocate Nizam Pasha, appearing for one of the petitioners, argued that Article 25 does not mention the five kakars but only kirpan. To this, the bench said, “What are we saying, please don’t compare it (hijab) with Sikhism. Nobody is prohibiting you from wearing the hijab. The question is about wearing it in school,” the bench added.