The hijab is back in the news. A group of students in Karnataka approached the Supreme Court on Wednesday seeking a directive to government educational institutions in the state to allow them to appear for examinations wearing hijabs.
Chief Justice of India DY Chandrachud said he would “take a call” soon on setting up a three-judge bench to take up the matter in view of a split verdict of two judges in a related matter in October.
The examinations start on March 9 and the students would not be allowed into examination centres because of the ban on hijabs in the state-run institutions, advocate Shadan Farasat, representing the students, told the chief justice.
“They have already moved to private institutions because of the ban but the examinations are going to be held in government institutions. Some of them have already lost a year because of the ban,” the advocate said. They risk losing another year if not permitted, he contended.
"They are wearing headscarf. If they wear a headscarf they will not be allowed inside the examination hall. Only on that limited aspect, the court may consider listing it on Monday or Friday," Farasat said.
The split verdict on October 13 last year held off a permanent resolution to the hijab row as both judges suggested placing the matter before a larger bench for adjudication.
Justice Hemant Gupta, since retired, had dismissed the appeals challenging the March 15, 2022, judgement of the Karnataka High Court which had refused to lift the ban. However, Justice Sudhanshu Dhulia held there will be no restriction on wearing hijab anywhere in the schools and colleges of the state.
Permitting a community to wear its religious symbols to schools will be an "antithesis to secularism", Justice Gupta had said, while Justice Dhulia insisted that putting on the Muslim headscarf should simply be a "matter of choice".
