Coup de grâce. Senior Advocate Sajan Povayya gives a final blow to pro Hijab plea.

Mr. Sajan Poovayya, Senior Advocate who appeared for the President and Vice President of collage development and management committee today, completely annihilated the arguments of the petitioners. His fundamental submission was that his school is committed to impart Secular education and it cannot allow the students to wear whatever they want depending on their religion. If allowed, the same would destroy the cohabitation expected in educational institution. Mr. Sajan Poovayya arguments are here;

Mr. Poovayya quoted from the judgment rendered by the Hon’ble Supreme Court of India in SR Bommai v. Union of India, (1994) 3 SCC 1 which shed considerable light on the understanding of “secularism” in the constitutional sense.

It is also apposite to refer to Article 39(f) – “that children are given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity …” placed in Part IV – Directive
Principles of State Policy of the Constitution of India. The
intersection of Directive Principles of State Policy and nation
building has been referred to time and time again, including in
Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556.

Article 39(f) was introduced by the Forty-Second Amendment, i.e.,
the very amendment which expressly introduced the word “Secular”
into the Preamble.

In imparting secular education, the ideals that the State should seek
to instil amongst children, are informed by inter alia the following
provisions of the Constitution:
a. Core constitutional principles which have been held to be not
only a part of part III but also a part of the basic structure such
as ‘secularism’;
b. Children should turn out to be students not just capable of but
also inclined to perform fundamental duties (Article 51A) such
as:
i. Uphold the unity and integrity of India (Article 51A(c));
ii. To promote spirit of harmony and the spirit of common
brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women
(Article 51A(e));
iii. To develop scientific temper, humanism and the spirit of
inquiry and reform (Article 51A(h));
iv. To strive towards excellence in all spheres of individual
and collective activity do that the nation constantly rises
to higher levels of endeavour and achievement
(Article 51A(j)).
c. Likewise, the Karnataka Education Act, 1983 enlists inter alia
the endeavour to cultivate a scientific and secular outlook
through education.

Whilst homes and society provide religious and cultural upbringing,
the constitutional endeavour of school is to promote common brotherhood by transcending inter alia religious diversities. This
objective will fail if religious attire is permitted in schools imparting
secular education.

Full argument enclosed.