Hijab Row: SC Refuses Urgent Hearing On Plea Challenging Karnataka High Court's Interim Order

The appeal has been filed by  Dr J Halli Federation of Masjid Madaaris and Wakf Institutions, which argues that the Karnataka High Court has curtailed the fundamental right of Muslim student-women.

Supreme Court on India| Photo: Getty

New Delhi: After Karnataka High Court's direction asking students not to insist on wearing any cloth on campuses of educational institutions that could create trouble, an appeal has been filed in the Supreme Court.

The appeal has been filed by  Dr J Halli Federation of Masjid Madaaris and Wakf Institutions, which argues that the Karnataka High Court has curtailed the fundamental right of Muslim student-women by not allowing them to wear the Hijab and pursue their education, reported news agency ANI.

The Federation has sought to stay the order of the Karnataka High Court. However, the Apex Court has said it will take up the matter at an appropriate time and has asked the lawyers not to make it a national-level issue. 

Supreme Court says it is watching what is happening in Karnataka and in the hearing before the High Court. Supreme Court asks lawyers to not make it a national-level issue and it will interfere at an appropriate time.#HijabRow

— ANI (@ANI) February 11, 2022

The appeal has also raised concerns regarding practical exams beginning in the state from February 15. It states that the order by the court may hinder with the education of the students.

"It is hereby submitted that the right to wear a Hijab falls within the ambit of the right of expression guaranteed by Article 19 (1) (a), the right to privacy and also the Freedom of Conscience under Article 25 of the Constitution. The same cannot be infringed upon without a valid "law," added the plea challenging the High Court order, reported ANI.

The appeal further stated, "The government has issued an order thereby denying entry to the Muslim Women wearing Hijab in the educational institutions. The impugned order creates an unreasonable classification between the non-Muslim female students and the Muslim female students and thereby is in straight violation of the concept of secularism which forms the basic structure of the Indian Constitution. The impugned order is also in sheer violation of Articles 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the core principles of the International Conventions that India is a signatory to. Being aggrieved by the impugned government order, as it is in violation of Indian constitution, the Petitioner had approached the High Court challenging the validity of the same." 

On February 4, some students were allegedly denied entry to a college in Udupi wearing hijab (a headscarf worn by Muslim women) after which protests began in the state against the order.

A circular was released by the pre-University education board stating that students can only wear the uniform approved by the school administration and no other religious practices will be allowed in colleges. The students opposed the decision and began protests in campuses.