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K’taka Hijab Case Petitioners To Approach Supreme Court As HC Upholds Ban

Mumbai: After Karnataka High Court dismissed writ petitions filed by Muslim girl students seeking permission to wear hijab in colleges, a Supreme Court lawyer announced that the students from Udupi have decided to approach the top court.

“Met my clients in Hijab matter in Udupi. Moving to SC soon InshaAllah. These girls will continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution (sic),” his tweet read. Also Read: K’taka CM Bommai Says Hijab Issue Settled, Students Should Focus On Studies

https://twitter.com/Vakeel_Sb/status/1503600059975299074?s=20&t=1Xii7USA1u2ZkeKqoMaC_g

The High Court ruled that “hijab is not an essential part of Islam”, in a way underscoring the state government’s ban on the use of headscarves by Muslim girls and women in educational institutions.  Also Read: Deeply Disappointing: Mehbooba Mufti On Karnataka HC’s Hijab Verdict

“We are of the view that the wearing of hijab by Muslim women is not a part of the essential religious practice in the Islamic faith,” read the judgment, Chief Justice of Karnataka High Court Ritu Raj Awasthi.  Also Read: Maintain Peace By Accepting Order Of HC: Pralhad Joshi On Hijab Verdict

The bench further observed that the fixation of school uniform is only a reasonable restriction, to which the students cannot object. The students of the disputed Udupi College will now oppose this order in the Supreme Court.

Questions were raised whether wearing the hijab is a necessary religious practice under the Islamic faith protected under Article 25 of the Indian Constitution; whether the prescription of school uniform is a violation of the student’s rights under articles 19 (A) (freedom of expression) and 21 (right to privacy); and the government order dated February 5, “issued without application of mind with manifestly arbitrary”.

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