SC Speaks On Hijab Row, Hears All The Arguments

SC asked students can wear hijab to school where the uniform is prescribed

Ahead of the Hijab controversy, the Supreme Court observed on Monday while hearing the case of the Hijab ban in Karnataka's educational institutions and said a person has a right to practise religion but the question is whether it can be taken to a school having a prescribed uniform.

While hearing out all the arguments on a batch of pleas challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state, the Supreme Court asked whether a student can wear hijab to a school where a uniform has been prescribed.

According to the bench of Justices Hemant Gupta and Sudhanshu Dhulia, "You may have a religious right to practise whatever you want to practise. But can you practise and take that right to a school which has a uniform as a part of the dress you have to wear? That will be the question."

Moreover, the SC posed the question to senior advocate Sanjay Hegde, who argued for some of the petitioners.

On the argument that the hijab ban may deny education to women, the bench noted the state is not saying it is denying any right. "What the state is saying is that you come in a uniform which is prescribed for the students….," it said.

Mr. Hegde underlined what the Supreme Court will hold in this case would have a bearing on the education of a large section of society. He also referred to the provisions of the Karnataka Education Act, 1983.

Additional Solicitor General (ASG) K M Nataraj said the issue is minimal and pertains to discipline in educational institutions.

When the court asked him "how the discipline in a school is violated if a girl child wears a hijab?", the ASG said, "Somebody in the guise of his religious practice or religious right cannot say that I am entitled to do this, therefore, I want to violate the discipline of the school."

Advocate General of Karnataka, Prabhuling Navadgi, referred to the state government's order of February 5, 2022, by which it had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges which some Muslim girls had challenged in the high court.