New Delhi: A plea has been moved in the Supreme Court challenging the Karnataka High Court order Tuesday dismissing all petitions seeking direction for permission to wear hijab in classrooms. The plea, filed by two Muslim students, Manan and Niba Naaz, through advocate Anas Tanwir, said: “The Petitioners most humbly submit that 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 plea contended that the Karnataka High Court failed to note that the Karnataka Education Act, 1983, and the Rules made thereunder, do not provide for any mandatory uniform to be worn by students.
“The 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,” the petitioners said in the plea.
Also read: Karnataka HC orders that ‘unseen hands’ behind hijab row be brought to book
“The High Court has failed to note that the Indian legal system explicitly recognises the wearing/carrying of religious symbols. It is pertinent to note that Section 129 of the Motor Vehicles Act, 1988, exempts turban wearing Sikhs from wearing a helmet,” it said. The plea also cited rules made by the Ministry of Civil Aviation, allowing Sikhs to carry kirpans inside the airport premises.
The plea added that this ‘step-motherly behaviour’ of government authorities has prevented students from practicing their faith which has resulted in an unwanted law and order situation.
“However, the High Court in its impugned order had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India,” the plea said.
The Karnataka High Court, in its judgment, said ‘wearing of hijab is not an essential part of Islam. Prescription of uniform is constitutional and students can’t object to it’.
