Karnataka Hijab Ban: Supreme Court to hear pleas against HC order tomorrow

NEW DELHI : The Supreme Court will hear petitions against the Karnataka High Court order upholding hijab ban in educational institutions tomorrow, August 29, according to the Live Law . The bench led by Justice Hemant Gupta will hear petitions against HC’s verdict which dismissed pleas by students seeking permission to wear hijab inside the classroom, saying Hijab is not a part of the essential religious practice in Islamic faith.

Earlier in August, a bench comprising Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli took note of the submissions of senior lawyer appearing for one of the appellants, that the appeals were filed way back in March against the HC order and they were yet to be listed for hearing. The top court said it would set up a bench to hear the petitions.

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In one of the pleas filed in the top court, the petitioner said the high court has “erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.” “The high court has failed to note that the right to wear hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India. It is submitted that the freedom of conscience forms a part of the right to privacy,” it said.

Following the court’s order, Muslim girls had said they will not go to college without hijab and fight the verdict legally while student organisations were left disappointed. Several right groups had urged the SC to stay the HC order.

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The state government had ordered that there will be no re-exams for students who skipped board exams to take part in the protest against Karnataka HC order. State SSLC exams were conducted with compulsory uniform and no hijab.

The Karnataka HC 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.