The challenge before the Supreme Court is against a Karnataka High Court decision from March 15 upholding the Karnataka government order.
The Karnataka High Court had on March 15 upheld a Karnataka government order (GO) effectively empowering college development committees of government colleges in the State to ban the wearing of the Islamic headscarf in college campuses.
The petitioners – Muslim girl students from various colleges in Karnataka – had approached the High Court after they were denied permission to attend classes on account of wearing hijab.
A three-judge Bench of then Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi held that:
– Hijab is not a part of essential religious practices of Islam;
– Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a);
– The government has the power to pass the GO; no case is made out for its invalidation.
One of the pleas before the top court argued that the High Court “failed to note that the right to wear a Hijab comes under the ambit of ‘expression’ and is thus protected under Article 19(1)(a) of the Constitution.”
It is also contended that the High Court failed to take note of the fact that the right to wear Hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India.
With regard to uniform, the pleas state that the Karnataka Education Act, 1983, and the Rules made under the same, do not provide for any mandatory uniform to be worn by students.
Source: Barandbench
