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Hijab row: Muslim girls approach Supreme Court over Karnataka HC's verdict

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New Delhi, Mar 15: Muslim girls on Monday approached the Supreme Court challenging Karnataka High Court's verdict on Hijab row.

Hijab row: Muslim girls approach Supreme Court over Karnataka HCs verdict

They have filed a "Special leave petition" which provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgement or order of any Court/tribunal.

They also claimed the verdict was 'unconstitutional'. "We had approached the High Court seeking permission to wear hijab in the classrooms. The order has come against us. We will not go to the college without hijab but we will fight for it. We will try all the legal ways. We will fight for justice and our rights," one of the girls said in a press conference in this coastal town.

"The verdict which came today is unconstitutional...the constitution itself provides us (our rights) to follow my religion and whatever I can wear," the girl stated and also referred to a government order on February 5 banning any cloth that disturbed peace, harmony and public order on the campus.

The Karnataka High Court on Tuesday dismissed 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, saying the headscarf is not a part of the essential religious practice in Islamic faith.

The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, a three-judge bench headed by Chief Justice Ritu Raj Awasthi further noted.

"We are of the considered opinion that wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith," Chief Justice Awasthi, who headed the full bench of the High Court, said reading out portion of the order.

The other two judges in the panel were Justice Krishna S Dixit and Justice J M Khazi. The bench also maintained that the government has power to issue impugned order dated February 5, 2022 and no case is made out for its invalidation. By the said order, the Karnataka government had banned wearing clothes which disturb equality, integrity and public order in schools and colleges, which the Muslim girls had challenged in the High Court.

The bench also rejected the plea to initiate a disciplinary inquiry against the college, its principal and a teacher. "In the above circumstances, all these writ petitions being devoid of merits are liable to be and accordingly are dismissed. In view of the dismissal of the writ petition, all the pending applications pale into insignificance and are accordingly disposed off," the bench said in its order.

In February, the Supreme Court declined to grant urgent listing for an appeal against the Karnataka High Court's interim order to students not to insist on wearing religious attire.

"Constitutional rights are for everybody and this court will protect it. We will list at the appropriate time," Ramana told Senior Advocate Devadatt Kamat, according to Bar and Bench.

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