SC adjourns Hijab pleas hearing till Sep 7

New Delhi, Sep 05: The Supreme Court, which began hearing a batch of petitions challenging the ban on wearing hijab in educational institutions in Karnataka posted the matter for further hearing on September 7, Bar and Bench reported.

Earlier on August 29, the Supreme Court issued notice to the Karnataka government over a batch of pleas challenging the Karnataka High Court's judgement upholding the ban on Hijab in educational institutes.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia also clarified that it will not accept requests for adjourning the matter and said, "We will not allow this type of forum shopping." The court had said that it will hear the matter seeking a stay and challenging Karnataka High Court's judgement on September 5.

Notably, various petitioners have approached the apex court challenging the Karnataka HC order upholding the Karnataka government's order which directs strict enforcement of schools and colleges uniform rules. One of the appeals in the top court has alleged "step-motherly behaviour of government authorities which has prevented students from practising their faith and resulted in an unwanted law and order situation".

The high court had 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 had said.

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.

The plea said the petitioner had approached the high court seeking redressal for the alleged violation of their fundamental rights against the state government order of February 5, 2022, issued under Sections 7 and 133 of the Karnataka Education Act, 1983.

The high court had maintained that the government has the 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 that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the high court.

Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an essential religious practice and not a mere display of religious jingoism.

The petitioners had also contended that the restriction violated the freedom of expression under Article 19(1)(A) and Article 21 dealing with personal liberty.