Hijab ban: Plea moved in SC difficult Karnataka High Court verdict

By Express News Service

NEW DELHI: A particular depart petition has been filed within the Supreme court docket by a Udupi scholar towards the Karnataka High Court court docket order that dominated that carrying of hijab by Muslim ladies is just not a vital spiritual apply within the Islamic religion and prescribing uniform is just not a violation of elementary rights assured beneath Article 19(1)(a) and Article 25 of the Constitution.

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The plea states that the excessive court docket has failed to notice that the precise to put on a Hijab comes beneath the ambit of ‘expression’ and is thus protected beneath Article 19(1)(a) of the Constitution.

“… High Court has failed to notice that the precise to put on a Hijab is protected as part of the precise to conscience beneath Article 25 of the Constitution. It is submitted that because the proper to conscience is basically a person proper, the ‘Essential Religious Practices Test’ ought to not have been utilized by the Hon’ble High Court on this instantaneous case,” the plea reads.

It has been mentioned within the plea that the excessive court docket has failed to notice that the Indian authorized system explicitly acknowledges the carrying/carrying of spiritual symbols.

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“…It is pertinent to note that Section 129 of the Motor Vehicles Act, 1988, exempts turban-wearing Sikhs from wearing a helmet. Order IX, 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 federal government order dated February 5, 2022, banning the hijab in lecture rooms, a full bench of Chief Justice Ritu Raj Awasthi, Justices Krishna S Dixit, and Justice JM Khazi pronounced the decision on a cluster of petitions questioning the order handed by the state authorities banning the carrying of hijab in lecture rooms.