On Wednesday, the Apex Court agreed to hear next week a batch of petitions challenging the Karnataka HC verdict refusing to lift the ban on hijab in educational institutions of the state.
A bench comprising CJI & Justice Krishna Murari & Justice Hima Kohli took note of the submissions of Advocate Prashant Bhushan that the matters were filed long back but were yet to be listed for hearing.
Lawyer Bhushan said that the girls are losing out on studies & have been facing difficulties".
The Court said, 2 benches are not functioning. So, we have to re-distribute. It will be listed sometime next week before an appropriate bench.
Prior to this, the appeals against the March 15 verdict of the HC, which had dismissed petitions seeking permission to wear hijab inside the classroom, were mentioned for urgent hearing on April 26 as well.
Several petitions have been filed in the Supreme Court against the Karnataka High Court verdict holding that wearing of hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.
The HC 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 & freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.
The HC 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 Govt order of Feb 5, 2022, issued under Sections 7 & 133 of the Karnataka Education Act, 1983.
The HC had maintained that the Govt has the power to issue impugned order dated Feb 5, 2022, & no case is made out for its invalidation.
By the said order, the Govt of Karnataka had banned wearing clothes that disturb equality, integrity, & public order in schools & colleges, which the Muslim girls had challenged in the HC.
Challenging the Feb 5 order of the Govt, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith & an Essential Religious Practice (ERP) & 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) & Article 21 dealing with personal liberty.
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