Khushi Bajpai
Published on: August 29, 2022 at 17:12 IST
In a series of appeals contesting the Karnataka High Court decision that effectively sustained the prohibition against the hijab in government schools and universities (Fathima Bushra v. State of Karnataka), the Supreme Court on Monday served notice to the State of Karnataka.
The petitioners’ motion for an adjournment was rejected by the bench of Justices Hemant Gupta and Sudhanshu Dhulia when the case was taken up.
“Shopping on the forums is not permitted. Now that the hearing has been postponed, you sought an immediate listing. We won’t permit this,” stated the Court.
The case was then scheduled for hearing on Monday, September 5, and notice was then issued.
On March 15, the Karnataka High Court upheld a Karnataka government order (GO) that effectively gave college development committees of government colleges in the State the authority to forbid Muslim female students from wearing hijabs on college campuses.
Muslim female students from various colleges in Karnataka who had been denied permission to attend class because they were wearing the hijab filed petitions with the High Court.
The requirement of uniforms is a legitimate constraint on the basic right to freedom of expression under Article 19(1)(a), according to a three-judge bench consisting of then Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi.
The GO may be passed by the government; its invalidation is not argued.
The High Court “failed to identify that the right to wear a Hijab comes under the purview of “expression” and is therefore protected under Article 19(1)(a) of the Constitution,” according to one of the arguments made before the Supreme Court in one of the appeals.
Additionally, it argued that the High Court overlooked the fact that Article 21 of the Indian Constitution’s right to privacy covers the wearing of a hijab.
According to the argument, there is no set uniform that students must wear according to the Karnataka Education Act, 1983, and the Rules enacted thereunder.