New Delhi: The Supreme Court on Wednesday agreed to hear next week the petitions challenging the Karnataka High Court’s decision refusing to lift the ban on hijab in educational institutions in the state. A bench of Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli took note of the submissions of advocate Prashant Bhushan that the cases were filed long back but were yet to be listed for hearing. “Girls are dropping out and facing difficulties,” Bhushan said.
“The two benches are not functioning. Therefore, we have to redistribute. It will be listed next week before an appropriate bench,” the bench said. Earlier, the appeal against the March 15 judgment of the High Court, which had dismissed petitions seeking permission to wear the hijab inside the classroom, was also mentioned for urgent hearing on April 26.
Several petitions have been filed in the apex court against the decision of the Karnataka High Court, which held that wearing hijab is not a part of the essential religious practice that can be protected under Article 25 of the Constitution. The High Court had dismissed petitions filed by a section of Muslim students of Government Pre-University Girls College, Udupi, seeking permission to wear hijab inside the classroom.
The High Court had held that the fixation of school uniforms is only a reasonable restriction, constitutionally permissible, to which students cannot object.
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In a petition filed in the apex court, the petitioner said that the High Court had “erred in creating a dichotomy of freedom of religion and freedom of conscience, in which the court concluded that those who practice religion have the right to conscience”. Not possible. ”
“The High Court has failed to note that the right to wear the hijab falls within the purview of the right to privacy under Article 21 of the Constitution of India. It is submitted that freedom of conscience is a part of the right to privacy.” Said it.
The petition states that the petitioner had approached the High Court for redressal of the alleged violation of his fundamental rights against the order of the State Government of February 5, 2022, issued under sections 7 and 133 of the Karnataka Education Act, 1983.
The High Court had held that the government has the power to issue the impugned order on February 5, 2022 and no case is made out for its invalidity. By the said order, the Karnataka government had banned the wearing of clothes that disturbed equality, integrity and public order in schools and colleges, which was challenged in the High Court by Muslim girls.
Challenging the government’s February 5 order, the petitioners had argued before the high court that wearing Islamic headscarfs was an innocent practice of faith and an essential religious practice (ERP), and not merely a display of religious bigotry. The petitioners had also argued that the restriction violated the freedom of expression under Article 19(1)(a) and Article 21 relating to personal liberty.