The Supreme Court noted on Monday during the hearing of the case involving the Hijab prohibition in Karnataka’s educational institutions that while everyone has the freedom to practise their religion, the question is whether that religion can be brought to a school with a required uniform.
The Karnataka High Court’s decision to uphold the prohibition on hijab in state-run educational institutions was challenged in several petitions, and the Supreme Court wondered if students could wear the hijab to a school where a uniform was required.
“You may have a religious right to practise whatever you want to practise. But can you practise and take that right to a school with uniform as a part of the dress you must wear? That will be the question,” said a bench of Justices Hemant Gupta and Sudhanshu Dhulia. Senior advocate Sanjay Hegde, who was arguing on behalf of some of the petitioners, was asked the query by the Supreme Court.
The petitioners had claimed before the high court that wearing the Islamic headscarf was an innocent act of faith and an Essential Religious Practice (ERP), not a manifestation of religious jingoism, in opposition to the government’s directive of February 5.
The panel, which included Justice Sudhanshu Dhulia, responded to the claim that the Karnataka Education Act, 1983, was being used to deny education to some classes, saying: “They are not saying that they are denying any right. What the state is saying is that you come with a uniform which is prescribed for the students.”
The senior advocate attempted to connect a “chunni” (dupatta) and a “hijab,” claiming the former was already a part of the uniform, but the court emphasised that the two couldn’t be compared.
Last Monday, the Supreme Court gave the Karnataka government notice over these pleas. The next hearing will take place on Wednesday, 7th September i.e tomorrow.
Source: NDTV. Indian Express
