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Thursday, November 21, 2024

” No Urgent Hearing on Hijab, ” SC

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Delhi : The Supreme Court on Thursday declined request for urgent listing of appeals against the Karnataka High Court verdict which had upheld the power of colleges to ban wearing of hijab by female Muslim students in government educational institutions in the State.

The matter was mentioned before Chief Justice of India (CJI) NV Ramana by Senior Advocate Devadutt Kamat but the CJI asked the petitioners not to sensationalise the issue and refused to give any specific date for hearing the matter.

Exams are approaching,” Kamat said.
“This has nothing to do with exams. Don’t sensationalise the issue,” the CJI said.
“1 year will go. They are not being allowed to enter schools,” Kamat persisted.
“Next item please,” the CJI said.

The Karnataka High Court had on March 15, upheld a government order effectively empowering college development committees of government colleges in the State to ban the wearing of hijab (headscarves) by Muslim girl students in college campus.

A three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi held:

  • Hijab is not a part of essential religious practices of Islam;

Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)

  • The government has the power to pass the GO; no case is made out for its invalidation.
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