A day after the Karnataka High Court upheld the ban on hijab in educational institutions in the state, the Supreme Court on Wednesday said it will consider listing an appeal challenging the order after Holi vacation.
Others also spoke on the occasion. Let us see. "We will list after the vacation," Chief Justice of India N. V. Ramana said, adding that senior advocate Sanjay Hegde, who appeared for the appellants, sought an urgent listing."
The court will remain closed for Holi from Thursday and will be open on March 21.
Hegde asked whether the court would consider listing it on March 21, saying the affected students have to appear in the exam which is scheduled to begin. Mr. Hegde, give us time. We will see. "We will post the matter," CJI Ramana replied.
A full bench of the Karnataka High Court on Tuesday dismissed a batch of petitions seeking the right of Muslim girls studying in pre-university colleges in Udupi to wear hijab in classrooms "The HC ruled that wearing the hijab is not an essential religious practice in the Islamic faith" and freedom of religion is subject to reasonable restrictions under Article 25 of the Constitution.
The HC also upheld an order issued by the state government on February 5, It suggested that the hijab could be banned in government colleges where the uniform is prescribed, "And ruled that such restrictions are "constitutionally permissible" under the college uniform norms.
The HC also ruled that there was no case for initiating disciplinary action against government college officials in Udupi for preventing girls from attending classes with hijab and sought a speedy and effective police investigation into the alleged role of "ignored hands". "They are "working to create social unrest and miscommunication" on the issue in the state.
In his appeal before the Supreme Court, Two-student, Nibha Naaz and Manal argued that the HC had erred in creating a duality of freedom of religion and freedom of conscience, In which the court has concluded that people who follow a religion, They can 't have rights. For conscience.
He said the HC "failed to note that the Karnataka Education Act, 1983, and the rules made thereunder, do not provide for any compulsory uniform to be worn by students" and it does not empower the state government to determine the uniform." Student.
The plea said the HC has failed to note that there is no provision in the law which prescribes any punishment for students not wearing uniforms...so the court has directed the HC to take suo motu cognizance of the matter, It is submitted that the action of the respondents in preventing the students from reaching the classes is without any legal basis.
The HC failed to note that the right to wear the hijab falls within the ambit of right to privacy under Article 21 of the Constitution of India, he said, adding that freedom of conscience is a part of right to privacy.
He said the right to wear the hijab is protected as part of the right to conscience under Article 25 of the Constitution, which is essentially a personal right, adding that the "essential religious practice test" should not have been enforced. "Considering that 'essential religious practice test' applies, the Honble High Court has failed to note that wearing a hijab or headscarf is a practice which is necessary for the practice of Islam," he said.
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