Remember the Karnataka Hijab row that made headlines a few months ago? Well, yes that case continues. After the High Court refused to consider hijab as an essential practice and did not rule in the favour of the students seeking the right to wear hijab to school. Soon after, the petitioners approached the Supreme Court to challenge the judgement and the case is still in court. In a recent update, the Supreme Court questioned if one can take their religious practice to a school which has a uniform. The court further noted that this issue needs deeper evaluation.
A bench of the Supreme Court comprising Justices Hemant Gupta and Sudhanshu Dhulia was hearing a batch of pleas challenging the Karnataka High Court verdict that refused to lift the ban on hijab in educational institutes. The Apex Court observed that one may have a religious right to practise whatever they want to practice but the question is can one practise something and take that right to a school that has a uniform? While hearing the case, Justice Gupta noted that as per the Preamble, India is a secular country and it can be questioned if, in a secular country, religious clothing has to be worn in a government-run institution.
Senior Advocate Sanjay Hegde who was arguing for some of the petitioners questioned whether women can be told that they have no control over their own concept of modesty while arguing in favour of the hijab. In response, Justice Gupta of the Supreme Court recalled an incident where a female advocate wore jeans the court and objections were raised regarding the same. The Justice further questioned if the woman can say that the court cannot stop her from wearing jeans. In response, Advocate Hegde stated that while the Bar Council has prescribed a dress code for advocates but if one can conform to the uniform in accordance with their own dignity, privacy and cultural sensibilities and the question can the person not address the court unless they wear it in the same manner.
Further Justice Gupta of the Supreme Court agreed that access to education will be denied if the hijab is banned, he also questioned what happens if the State has no power to prescribe uniforms. “If there is no such power to prescribe uniform, can girls come in middies, minis, skirts, whatever they want?,” questioned Justice Hemant Gupta as quoted by Live Law. On the other hand, Additional Solicitor General K M Nataraj stated that the uniform and dress code is about discipline in educational institutes to which the court quested how the discipline of an educational institute is violated if a girl wears a hijab. In response, the ASG said that under the guise of the right to practice religion or religious practice, someone cannot say that they are entitled to something and want to violate the disciple of the school. He also reminded the court that following the hijab row protests another set of students in bagwa shawls protested against the lifting of the hijab ban which led to an unrest situation in the state.
Also Read: Hautetalk: Karnataka College Allows Muslim Students In Hijab To Enter, But Seats Them In Separate Classroom. This Is Not A Win!
For the unversed, the Supreme Court heard the matter on September 5 and the next hearing in the case is scheduled to take place on September 7.
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