SC to hear pleas against K'taka HC verdict after Holi vacation

New Delhi: The Supreme Court on Wednesday agreed to list for hearing after Holi vacation the pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear hijab inside the classroom saying it is not part of the essential religious practice in Islamic faith.

A bench headed by Chief Justice N V Ramana took note of the submissions of senior advocate Sanjay Hegde, appearing for some students, that urgent hearing was needed keeping in mind the upcoming examinations. The urgency is that there are many girls who have to appear in examinations, the senior lawyer told the bench which also comprised Justices A S Bopanna and Hima Kohli. Others also mentioned, let us see...we will list after the vacations. Give us time, the CJI said.

Some petitions have been filed against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the Constitution. The high court 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 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 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 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 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 said. The plea said the high court failed to note that the Karnataka Education Act, 1983 and the rules made thereunder do not provide for any mandatory uniform to be worn by students.

The plea claimed that the high court has failed to note that right to wear a Hijab is protected as a part of the right to conscience under Article 25 of the Constitution.

It said since the right to conscience is essentially an individual right, the Essential Religious Practices Test' ought not to have been applied by the high court in 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 said.