By Sara D Benedicta Josna

New Delhi: Many petitions have been filed in the Supreme Court against the Karnataka High Court verdict holding that wearing hijab is not a part of the regular religious practice. The Supreme Court on Tuesday decided to set up benches to hear out the pleas that are challenging the Karnataka High Court Verdict of refusing to lift the ban on hijab in educational institutions of the state, and one of the judges being unwell was added to the delay of the verdict.

Bench that included Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli took note of the submissions of the senior lawyer Meenakshi Arora, appearing for one of the appellants, that the appeals were filed back in March against the high court order and was yet to be listed for hearing.

Based on all the chaos created, The Supreme Court decided to hear the petitions challenging the Karnataka High Court verdict on the issue on July 13.

Prashanth Bhushan, the lawyer mentioned that “The girls are losing out on studies and have been facing difficulties” Earlier to this, the appeals against March 15 verdict of the high court, which had dismissed the petitions that were to seek permissions to wear hijabs in the classrooms were mentioned for urgent hearing on April 26 as well.

Several petitions have been filed in the Supreme Court against the Karnataka High Court verdict holding that wearing hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.

Several petitions filed by the Muslim students from the Government Pre-University Girls College in Udupi in the High Court seeking permission to wear hijab inside the classrooms which was later dismissed.

The prescription of school uniform is a reasonable restriction and constitutionally acceptable which the students cannot oppose, the high court had said.

In one of the pleas filed in the Supreme Court, the appellant said the high court has “erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience. “The high court has failed to note that the right to wear hijab comes under the ambit of privacy under Article 21 of the Constitution of India. It is submitted that the freedom of conscience forms part of the right to privacy,” it said.

By the order made, the Karnataka government had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the High Court.

Challenging The February 5 order of the government, the petitioners had argued before the high court that wearing the hijab was an innocent practice of faith and an essential religious practice and not a mere display of religious beliefs.

The petitioners also contended that the restriction violated the freedom of expression under Article 19 (1) (A) and Article 21 dealing with personal liberty.

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