Supreme Court To Hear Appeals Against Hijab Judgment After Holi Vacation

The appeal against the Karnataka High Court's judgment upholding restriction on wearing of Hijab inside classrooms in government schools was mentioned before the Supreme Court Bench led by Chief Justice of India N. V. Ramana for urgent listing.

Senior Advocate Sanjay Hegde appearing for the petitioners submitted before the Court that the girl students are suffering as they have to go to the colleges for examinations. He urged that the matter be taken up expeditiously.

The Chief Justice of India said that the Court will hear the matter after the Holi Vacations. The Supreme Court has its Holi holidays from 17th to 19th March and will reopen on 21st March, Monday.

Yesterday, a group of students had moved the Supreme Court filing a Special Leave Petition against the judgment of the full bench of the High Court of Karnataka.

The petitioners have submitted in their petition that "the High Court has erred in creating a dichotomy of freedom of religion and freedom of conscience". The petitioner has also submitted that "The Hon'ble High Court has failed to note that the right to wear a Hijab is protected as a part of the right to conscience under Article 25 of the Constitution. It is submitted that since the right to conscience is essentially an individual right, the 'Essential Religious Practices Test' ought not to have been applied by the Hon'ble High Court in this instant case."

Yesterday, the full bench of the High Court comprising of Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice J. M. Khazi had held that hijab is not an essential religious practice in the Islamic faith. The Court had also held that the prescription of school uniform is a reasonable restriction that is constitutionally permissible.