Hijab ban: Plea filed in Supreme Court challenging Karnataka High Court order

Dismissing petitions filed by a bunch of Muslim students from the Government Pre-University Girls College in Udupi, the Karnataka High Court announced earlier today that the headscarf is not a part of the essential religious practice in Islamic faith.

Representational image

New Delhi: A plea was filed in the Supreme Court on Tuesday (March 15) challenging the Karnataka High Court judgment upholding the hijab ban inside the classroom. 

As per PTI, the petition has been filed by a Muslim student against the high court order.

Dismissing petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, the Karnataka High Court announced earlier today that the headscarf is not a part of the essential religious practice in Islamic faith. 

"We are of the considered opinion that wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith," a three-judge bench headed by Chief Justice Ritu Raj Awasthi, and also comprising of Justice Krishna S Dixit and Justice J M Khazi, said. 

The bench also said there was no material placed on record to prima facie show that wearing the hijab was an essential religious practice in Islam, adding that school uniform will cease to be a uniform if hijab is also permitted.

"There is absolutely no material placed on record to prima facie show that wearing of Hijab is a part of an essential religious practice in Islam and that the petitioners have been wearing hijab from the beginning," the high court said. 

"The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to", the bench added. 

Meanwhile, the Udupi Muslim girls who had sought permission from the High Court to wear Hijab inside the classrooms said that they will not go to college without hijab. 

"We had approached the High Court seeking permission to wear hijab in the classrooms. The order has come against us. We will not go to the college without hijab but we will fight for it. We will try all the legal ways. We will fight for justice and our rights," one of the girls said in a press conference following the order. 

Calling the judgment "unconstitutional", she said, "The verdict which came today is unconstitutional...The constitution itself provides us (our rights) to follow my religion and whatever I can wear." 

(With agency inputs)