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Hijab Case: Karnataka HC Misunderstood SC's 1954 Judgment, Didn't Correctly Apply Essentiality Test

One of India’s most highly regarded Supreme Court lawyers and a former President of the Supreme Court Bar Association has said that in applying the so-called essentiality test to the question is the hijab an integral part of Islam, the Karnataka High Court has misunderstood the Supreme Court’s 1954 Shirur Mutt judgement (which established the test) and, therefore, wrongly applied this test. Dushyant Dave says that the 1954 judgement also contains a definition of religion which is so wide and all-embracing that it includes different types of food and dress which believers consider essential to their faith. He says that broad definition would clearly mean that if muslim girls consider the hijab as integral to their faith then it is. The hijab is clearly covered by the 1954 judgement’s definition of religion. Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month.    / @thewirenews