new Delhi. The All India Muslim Personal Law Board (AIMPLB) has moved the Supreme Court challenging the Karnataka High Court’s decision, which upheld the ban on hijab in classrooms after Muslim women wearing hijab was not a required religious practice. The board has moved the apex court along with two other petitioners Munisa Bushra and Jalisa Sultana Yasin. The petition states that the High Court’s decision, while dismissing the petitions, proceeded for wrong reasons to settle the issue.
The petition states, “It is a case of direct discrimination against Muslim girls. The High Court has made a distinction between the different contextual meaning (as a matter of discipline) and the principles laid down in the case of Bijo Emmanuel on the other hand.” The practice of the hijab, reflected as if it were a matter of troubling the entire uniform, that too when this minor change (a head covering like that of a Sikh) was justified as part of religious practices under constitutional norms can be adjusted.”
The petition has argued that placing too much emphasis on bringing about ‘uniformity’ in uniform for a person of a religion to ‘cover his hair with a piece of cloth’ is a mockery of justice and the judgment also ignores the principle of reasonable accommodation. .
The petition argues that while dealing with the issue of protection of fundamental rights, the High Court judgment has completely misinterpreted the concept of sensible difference.
The petition said that by grouping all the students in uniform without admitting that such interpretation is not only against the prevailing practices in different parts of the country, but such accommodation is generally available to different group of students. . This is completely irrational and against the objective of maintaining diversity as mentioned in the Constitution of India.
Several petitions have been filed in the apex court challenging the High Court’s decision.
On March 24, the Supreme Court refused to give any specific date for hearing a petition challenging the order of the Karnataka High Court, which dismissed all petitions seeking permission to wear the hijab in classrooms.
Another petition, filed through advocates Adil Ahmed and Rahmatullah Kothwal, said the high court’s order creates an unfair classification between non-Muslim female students and Muslim female students. Thus there is a direct violation of the concept of secularism which forms the basic structure of the Indian Constitution. The petitioners are Mohammad Arif Jameel and others.
“The impugned order is also in gross violation of Articles 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the fundamental principles of international conventions to which India is a signatory,” the petition said.
—AnyTV News
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