Hijab controversy: Supreme Court to hear batch of appeals against Karnataka HC order

Hijab row: The appeal said the Karnataka High Court in its impugned order "had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India."

Image courtesy: ANI (file pic)

New Delhi: On the first working day of the new Chief Justice of India UU Lalit, the Supreme Court will be hearing a batch of appeals on Monday, challenging the Karnataka High Court`s order which had upheld the state government`s order to ban hijabs in school and college classrooms. These appeals were filed in the apex court challenging the order upholding the Karnataka government`s order which had directed strict enforcement of schools and colleges` uniform rules. One of the appeals in the SC has alleged "step-motherly behaviour of government authorities which prevented students from practising their faith and resulted in an unwanted law and order situation".

A bench of Justices Hemant Gupta and Sudhanshu Dhulia will hear the pleas today. Earlier, the pleas were mentioned before the apex court bench of the then CJI NV Ramana for urgent hearing on several occasions but the case was not listed for hearing.

The appeal said the Karnataka High Court in its impugned order "had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India," adding "Wearing of Hijab or headscarf is a practice that is essential to the practice of Islam." 

In March this year, Karnataka High Court had held that the prescription of uniforms is a reasonable restriction that students could not object to and dismissed various petitions challenging a ban on Hijab in education institutions. It further said that the petitions are without merit.

In January this year, the Hijab row had erupted when the government PU College in Udupi allegedly barred six girls wearing the hijab from entering. The girls then sat in protest outside college over being denied entry. After this, boys of several colleges in Udupi started attending classes wearing saffron scarves. This protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka.

The Karnataka government banned both hijab and saffron scarves till an expert committee decides on the issue directing that all students must adhere to the uniform. On February 5, the pre-University education board released a circular stating that the students can only wear the uniform approved by the school administration and that no other religious attire will be allowed in colleges.

According to the state government order, in case a uniform is not prescribed by management committees, then students should wear dresses that go well with the idea of equality and unity, and do not disturb the social order.

Some girls had filed appeals against the government`s rule in the Karnataka High Court seeking permission to wear the hijab in educational institutions.On February 10, the High Court had issued an interim order stating that students should not wear any religious attire to classes till the court issues the final order. The hearings related to the Hijab case were concluded on February 25 and the court had reserved its judgement. 

CJI Lalit-led bench will hear pleas of Siddique Kappan, Navlakha

The Chief Justice of India U U Lalit-headed bench will hear the bail plea of Kerala journalist Siddique Kappan, a petition of activist Gautam Navlakha and some important PILs today. Justice Lalit was sworn in as the 49th Chief Justice of India on Saturday, a non-working day in the Supreme Court.

According to reports, Kerala-based journalist Kappan, who was arrested in October 2020 while on his way to Hathras in Uttar Pradesh, where a young Dalit woman had died after allegedly being gang-raped, approached the top court seeking bail in the case.

Earlier this month, a Lucknow bench of the Allahabad High Court had rejected his bail application. Kappan was booked under the Unlawful Activities (Prevention) Act in the alleged Hathras conspiracy case. Last week, on being mentioned for an urgent hearing, his plea was directed to be listed on August 26 by former Chief Justice N V Ramana.

Chief Justice Lalit, along with Justice Bhat, will also hear an appeal filed by human rights activist Navlakha, an accused in the Elgar Parishad-Maoist links case, against the Bombay High Court order of April 26, rejecting his plea that he be placed under house custody instead of being lodged in prison.

The case against Navlakha and other arrested accused pertains to the Elgar Parishad conclave held in Pune on December 31, 2017. Police had alleged that the event was funded by Maoists.

(With ANT/PTI Inputs)