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Updated September 5th, 2022 at 20:23 IST

If state can't fix uniform, can girls wear whatever they want?: SC to pro-Hijab petitioner

In one of the arguments on the Hijab row on Monday, the Supreme Court also said that the comparison of Chunni with the Hijab is not appropriate.

Reported by: Kamal Joshi
Hijab row
Image: ANI | Image:self
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Hearing various petitions against Karnataka's High Court's judgment upholding the ban on hijab in education institutions, Supreme Court on Monday asked whether students can wear middies, skirts and minis if there is no prescribed uniform.

During the hearing, senior Advocate Sanjay Hegde, appearing for the petitioner, questioned if the state has the power to prescribe the uniform. 

To which, Justice Hemant Gupta said, "If there is no such power to prescribe uniform, can girls come in middies, minis, skirts, whatever they want?"

In one of the arguments made by counsel, the top court also noted that the comparison of Chunni with the Hijab is not appropriate.

The bench said that every individual has the right to practise their religion but the question arises whether these rights can be exercised in an educational institution which has a dress code.

Additional Solicitor General KM Natarahm, appearing for the Centre, said that students cannot violate the uniform code issued by the school under the garb of religious rights.

"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," the ASG said.

Senior advocate Rajeev Dhavan, who also appeared in the matter, referred to Article 145 (3) of the Constitution and said it is a matter of considerable importance. The article relates to the minimum number of judges required to decide any substantial question of law as to the interpretation of the Constitution. 

On whether wearing hijab is an essential practice under Article 25 of the Constitution, the bench said, "The issue can be modulated little bit in a different way. It may be essential, it may not be essential."

"What we are saying is whether in a government institution you can insist on carrying your religious practice. Because the Preamble says ours is a secular country," the bench observed.

Dhavan said the issue raised before the court concerns millions of women, who comply with the dress code in educational institutions but also want to wear hijab.

"What this court will rule, the whole world will listen," he said, adding the apex court's decision in the matter will be of momentous importance.

The top court will continue hearing the matter on Wednesday, September 7.

On August 29, the Supreme Court had issued notice to Karnataka issue notice on pleas against Karnataka High Court's order upholding the hijab ban in educational institutions.

The Karnataka HC order upholds the Karnataka government's order which directs strict enforcement of schools and colleges uniform rules.

One of the appeals in the apex court alleged "step-motherly behaviour of government authorities which have prevented students from practising their faith and resulted in an unwanted law and order situation."

The hijab row erupted in January when a Government PU College in Udupi allegedly barred six hijab-wearing girls from entering. Following this, the girls protested by sitting outside the college. Later, boys of several colleges in the city attended classes wearing saffron scarves. The protests spread across the state.

The Karnataka government then asked all students to adhere to the prescribed uniform and banned both saffron scarves and hijab.

On February 5, the pre-university education board, in a circular, stated that students could only wear school administration-approved uniforms and that no religious attire would be permitted in colleges.

On February 10, Karnataka HC issued an interim order askings students to not wear religious attire in classrooms. The hearing concluded on February 25 and the court reserved its judgement.

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Published September 5th, 2022 at 19:31 IST

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