Karnataka Hijab Row: Can Right To Practice Religion Be Taken To Educational Institutions, Asks SC

While hearing the case on the Hijab ban in the educational institutions of Karnataka, the Supreme Court on Monday (September 5) observed that an individual has a right to practise religion, but the question arises whether it can be taken to a school which has a prescribed uniform.

While hearing arguments on a batch of pleas challenging the verdict of the Karnataka High Court stating the refusal to lift the ban on hijab in the state's educational institutions, the top court asked whether a student can don the headscarf to a school with a prescribed uniform.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia stated, "You may have a religious right to practise whatever you want to practise. But can you practise and take that right to a school which has a uniform as a part of the dress you have to wear? That will be the question," reported NDTV.

Hijab Ban May Deny Education To Women?

The SC posed these questions to senior advocate Sanjay Hegde, arguing for some of the petitioners. Hegde highlighted that what the apex court will hold in the case would have a bearing on the education of a considerable section of society. He referred to the provisions of the Karnataka Education Act, 1983.

On the argument that this hijab ban may deny education to women, the bench stated that Karnataka is not saying that it denies any right but to come in a uniform prescribed for the students.

Wearing Hijab Violating Discipline In School?

Additional Solicitor General (ASG) KM Nataraj stated that the hijab issue is very limited and pertains to discipline in the state's educational institutions.

The SC asked Nataraj how discipline in a school is violated if a girl wears a hijab. He replied that someone in the guise of his religious right or practice cannot say that they are entitled to do this; therefore, they want to violate the school's discipline.

Karnataka Government's Order

Advocate General of Karnataka, Prabhuling Navadgi, referred to the Karnataka government's order dated February 5, 2022. According to it, the state had banned wearing attire that disturbs equality, integrity, and public order in educational institutions, which some Muslim girl students had challenged in the high court.

Navadgi argued it was not the state government, but educational institutions concerned that prescribed uniforms. He said this government order does not hinder any of the rights of the students.

Last week, the top court issued notice to the Karnataka government on these pleas, and the case hearing will continue on September 7.

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