Hijab ban in classroom: Plea in SC challenges Karnataka HC verdict

By PTI

NEW DELHI: A plea was filed within the Supreme Court on Tuesday difficult the Karnataka High Court verdict which dismissed the petitions in search of permission to put on Hijab contained in the classroom saying Hijab shouldn’t be part of the important spiritual apply in Islamic religion.

The petition has been filed within the apex court docket by a Muslim pupil who was one of many petitioners earlier than the excessive court docket.

Earlier within the day, the excessive court docket dismissed the petitions filed by a piece of Muslim college students from the Government Pre-University Girls College in Udupi, in search of permission to put on Hijab contained in the classroom.

The prescription of college uniform is barely an affordable restriction, constitutionally permissible which the scholars can’t object to, the excessive court docket mentioned.

In the plea filed within the prime court docket, the petitioner has mentioned the excessive court docket 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 a 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 mentioned.

The plea mentioned the petitioner had approached the excessive court docket in search of redressal for the alleged violation of their elementary rights towards the state authorities order of February 5, 2022 issued beneath Sections 7 and 133 of the Karnataka Education Act, 1983.

“The impugned government order directed the college development committees all over the state of Karnataka to prescribe a ‘student uniform’ that mandated the students to wear the official uniform and in absence of any designated uniform the students were mandated to wear an uniform that was in the essence of unity, equality and public order,” it mentioned.

The plea mentioned the excessive court docket failed to notice that the Karnataka Education Act, 1983 and the foundations made thereunder don’t present for any obligatory uniform to be worn by college students.

“The petitioner submits that the high court has failed to note that there does not exist any provision in law which prescribes any punishment for students for not wearing uniforms. Even if one were to presume that there existed a mandate to wear a particular uniform, there is no punishment prescribed in case a student does not wear the uniform,” it mentioned.

The petition mentioned neither the Act nor the Rules prescribe any uniform for college students or prohibit the carrying of a Hijab.

“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,” it mentioned.

The plea claimed that the excessive court docket has failed to notice that proper to put on a Hijab is protected as part of the proper to conscience beneath Article 25 of the Constitution.

It mentioned for the reason that proper to conscience is actually a person proper, the ‘Essential Religious Practices Test’ ought to not have been utilized by the excessive court docket within the case.

“Assuming the ‘Essential Religious Practices Test’ does apply, the high court has failed to note that wearing of Hijab or headscarf is a practice that is essential to the practice of Islam,” the petition mentioned. It claimed that the excessive court docket has failed to notice that Indian authorized system explicitly recognises the carrying/carrying of non secular symbols.

The plea mentioned Section 129 of the Motor Vehicles Act, 1988, exempts turban carrying Sikhs from carrying a helmet and beneath the foundations made by the Ministry of Civil Aviation, the Sikhs are allowed to hold kirpans onto plane.

“This public order was passed with an indirect intent of attacking the religious minorities and specifically the followers of Islamic faith by ridiculing the female Muslim students wearing Hijab. This ridiculing attack was under the guise of attaining secularity and equality on the basis of uniform wherein the college development committees prohibited the students wearing Hijab from entering the premises of the educational institutions,” it mentioned.

“This step-motherly behaviour of government authorities has prevented students from practising their faith which has resulted in an unwanted law and order situation,” the plea mentioned.

Meanwhile, a caveat has additionally been filed within the apex court docket by one other individual, who was a celebration earlier than the excessive court docket, in search of to be heard earlier than any order is handed within the matter.

The excessive court docket maintained that the federal government has energy to difficulty impugned order dated February 5, 2022 and no case is made out for its invalidation.

By the mentioned order, the Karnataka authorities had banned carrying garments which disturb equality, integrity and public order in colleges and faculties, which the Muslim ladies had challenged within the excessive court docket.

Challenging the February 5 order of the federal government, the petitioners had argued earlier than the excessive court docket that carrying the Islamic headband was an harmless apply of religion and an Essential Religious Practice (ERP), and never a mere show of non secular jingoism.

The petitioners had additionally contended that the restriction violated the liberty of expression beneath Article 19(1)(A) and article 21 coping with private liberty.