A plea has been moved in Supreme Court challenging the Karnataka High Court order dismissing various pleas challenging ban on Hijab in educational institutes. The plea has been filed by a Muslim student named Niba Naaz through Advocate-on-Record Anas Tanwir.
This comes after the Karnataka High Court today said Hijab was not part of the essential religious practice in Islamic faith and effectively upheld the ban against the headscarf in educational institutions in the state by dismissing pleas from Muslim girls seeking nod to wear it in classrooms.
A three-judge full bench of the High Court said the prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to.
While the Karnataka government urged everyone to abide by the order, saying education was primary, Muslim students' body Campus Front of India (CFI) protested against the "anti-constitutional order" and vowed to take all efforts to protect constitutional and individual rights.
The government also said it will make attempts to "win the hearts" of the "misguided" Muslim girls.
Six girl students of a college in Udupi had attended a press conference held by the CFI in the coastal town in January this year, protesting against the college authorities denying them entry into the classroom wearing Hijab.
On Tuesday, the Chief Justice Ritu Raj Awasthi-led bench said, "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." The CJ read out portions from the order.
The other two judges in the panel were Justice Krishna S Dixit and Justice J M Khazi.
The bench also maintained that the government has power to issue the impugned order dated February 5, 2022 and no case is made out for its invalidation.
By the said order, the Karnataka government had banned wearing clothes which disturb equality, integrity and public order in schools and colleges, which the Muslim girls had challenged in the High Court.
The bench also rejected the plea to initiate a disciplinary inquiry against the college, its principal and a teacher.
"In the above circumstances, all these writ petitions being devoid of merits are liable to be and accordingly are dismissed. In view of the dismissal of the writ petition, all the pending applications pale into insignificance and are accordingly disposed off," the bench said in its order.
