new Delhi. The Supreme Court on Wednesday refused to urgently hear a petition challenging the order of the Karnataka High Court, which had dismissed and considered all petitions seeking permission to wear hijab in classrooms. The court held that the wearing of the hijab by Muslim women is not a part of religious practice in the Islamic faith. Senior advocate Sanjay Hegde, representing the petitioners, mentioned the petition before a bench headed by Chief Justice NV Ramana. Hegde said there is urgency in the matter, as many girls have to appear in the examination. The Bench, comprising Justice A.S. Bopanna and Hima Kohli said others have also mentioned and the court will look into the matter.
Hegde insisted that the examinations are beginning and there is urgency in the matter.
The bench said it needs time and will post the matter for hearing. After brief arguments, the bench said the court may list it after the Holi holidays. ‘Give us time, we will take the matter forward.’
The petition, filed through advocates Adil Ahmed and Rahmatullah Kothwal, said that the High Court order creates an unfair classification between non-Muslim female students and Muslim female students and thus is a direct violation of the concept of secularism which is enshrined in the Indian Constitution. Forms the basic structure. 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.
It further said, “Being aggrieved by the impugned Government order, as it is violative of the Constitution of India, the petitioner had approached the Hon’ble High Court through a Public Interest Litigation (PIL) petition challenging the validity of the same.
“The High Court, through impugned order, seeks to uphold the order of the Government which barred Muslim women from wearing the hijab and pursuing their education, curtailing the fundamental right of Muslim women-women. It is submitted that the right to wear the hijab is an ‘essential religious practice’ and falls within the purview of the right to expression guaranteed by Article 19(1)(a), right to privacy and freedom of conscience under Article 25 of the Constitution. It cannot be violated without a valid ‘law’.”
The petition states that the High Court has failed to note that the Karnataka Education Act, 1983 and the rules made thereunder do not provide for any compulsory dress to be worn by the students.
—AnyTV News
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