Plea Filed In The Supreme Court Challenging Karnataka High Court's Interim Order
Update: 2022-02-11 11:14 IST
Supreme Court
The Supreme Court has received an appeal against the Karnataka High Court's interim ruling prohibiting students from wearing the hijab or any religious garb till the case is resolved.
Dr J Halli Federation of Masjid Madaaris and Wakf Institutions, which filed the appeal, claimed that the Karnataka High Court on Thursday attempted to curb Muslim student-fundamental women's freedom to wear the Hijab while pursuing their education.
In light of the contested ruling, Muslim female students have been told not to wear'religious clothing, including head-scarves, and not to insist on wearing religious gear,' according to the appeal till High Court Order.
It further stated that the affected students' practical tests will commence on February 15 and that any interference with their access to educational institutions will obstruct their education.
The plea disputing the High Court's judgement has hereby stated that the right to wear a Hijab is protected by Article 19 (1) (a) of the Constitution, as well as the right to privacy and the right to freedom of conscience guaranteed by Article 25 of the Constitution. Without a regitimate law, the same cannot be infringed upon.
The appeal before the supreme court explained that the Government has issued an order prohibiting Muslim women in hijab from entering educational institutions. The challenged ruling creates an unfair distinction between non-Muslim female students and Muslim female students, and hence is in direct contravention of the Indian Constitution's secularism principle. The contested order also runs afoul of Articles 14, 15, 19, 21, and 25 of the Indian Constitution, as well as the essential principles of international treaties to which India is a party. The Petitioner had moved the High Court contesting the legitimacy of the impugned government order since it was in breach of the Indian constitution.
On Thursday, the three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice JM Khazi, and Justice Krishna S Dixit directed students not to wear the hijab or any religious attire until the issue is resolved in court. The case was adjourned until Monday, and educational institutions were allowed to resume classes for the students.The bench stated that it wants the matter settled as soon as possible, but that peace and tranquilly must be maintained until then.
Meanwhile,A new petition was filed in the Supreme Court yesterday, challenging the Karnataka government's dress code rule, that has sparked a long-running debate over the wearing of the hijab in the state.In view of the hijab dispute, an Udupi college student, filed a petition challenging the legality of a Karnataka government order released on February 5, 2022, approving guidelines for a dress code for both government and private schools, as well as pre-university colleges in the state.