Plea moved in SC against Karnataka HC verdict upholding hijab ban in colleges

Hours after the Karnataka High Court upheld the ban on wearing hijab in schools, a plea was moved in the Supreme Court contending it was protected under the fundamental rights to privacy, expression and conscience guaranteed under the Constitution.

The petition filed by Niba Naaz, and another person through advocate Anas Tanwir also claimed the Karnataka Education Act, 1983, and the Rules made thereunder, do not provide for any mandatory uniform to be worn by students.

It claimed the right to wear a hijab comes under the ambit of the right to privacy under Article 21 of the Constitution. The right to wear a hijab also comes under the ambit of ‘expression’ and is thus, protected under Article 19(1)(a) of the Constitution, it added.

Also read: K'taka HC says unseen hands at work to engineer social unrest and disharmony

The plea 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 plea also contended that the right to wear a hijab is protected as a part of the right to conscience under Article 25 of the Constitution.

"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 this instant case,” it said.

It also pointed out the High Court has failed to note that the Indian legal system explicitly recognised the wearing or carrying of religious symbols.

"It is pertinent to note that Section 129 of the Motor Vehicles Act, 1988, exempts turban wearing Sikhs from wearing a helmet,” the plea said.

It also cited rules made by the Ministry of Civil Aviation, allowing Sikhs to carry kirpans on the aircraft.

Questioning the validity of the February 5, 2022 order passed by the state government under the Karnataka Education Act, the petition claimed the direction was issued "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. This step-motherly behaviour of government authorities has prevented students from practising their faith which has resulted in an unwanted law and order situation," it said.

In its judgement, the High Court said, "wearing of hijab is not an essential part of Islam. Prescription of uniform is constitutional and students can't object to it."

Check out latest videos from DH: