HIJAB BAN: Supreme Court to hear pleas against Karnataka High Court ruling after Holi vacation

The Supreme Court on Wednesday agreed to list for hearing after Holi vacation the pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear hijab inside the classroom saying it is not a part of the essential religious practice in Islamic faith.

A bench comprising Chief Justice NV Ramana took note of the submissions of senior advocate Sanjay Hegde, appearing for some students, that urgent hearing was needed keeping in mind the upcoming examinations.

“The urgency is that there are many girls who have to appear in examinations,” the senior lawyer told the bench which also comprised Justices AS Bopanna and Hima Kohli. “Others also mentioned, let us see…we will list after the vacations. Give us time,” the CJI said.

Some petitions have been filed against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the constitution.

The high court dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom. The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, the high court said.

A special leave petition was also moved in the Supreme Court on Tuesday by an Udupi student through advocate on record Anas Tanwir against the Karnataka High Court order that ruled that wearing of hijab by Muslim women is not an essential religious practice in the Islamic faith and prescribing uniform is not a violation of fundamental rights guaranteed under Article 19(1)(a) and Article 25 of the Constitution. The plea states that the high court has failed to note that the right to wear a hijab comes under the ambit of ‘expression’ and is thus protected under Article 19(1)(a) of the Constitution.

”… High Court has failed to note that the right to wear a hijab is protected as a part of the right to conscience under Article 25 of the Constitution. It is submitted that since the right to conscience is essentially an individual right, the ‘Essential Religious Practices Test’ ought not to have been applied by the Hon’ble High Court in this instant case,” the plea reads.

It has been said in the plea that the high court has failed to note that the Indian legal system explicitly recognises the wearing/carrying of religious symbols.

“…It is pertinent to note that Section 129 of the Motor Vehicles Act, 1988, exempts turban wearing Sikhs from wearing a helmet. OrderIX, Rule 8 of the Supreme Court Rules makes a special provision for affidavits that are to be sworn by pardanashin women…,” it added.

Upholding the government order dated February 5, 2022, banning the hijab in classrooms, a full bench of Chief Justice Ritu Raj Awasthi, Justices Krishna S Dixit and Justice JM Khazi had pronounced the verdict on a cluster of petitions questioning the order passed by the state government banning the wearing of hijab in classrooms.

Source: New Indian Express with agency inputs