November 22, 2024 23:17 (IST)
Follow us:
facebook-white sharing button
twitter-white sharing button
instagram-white sharing button
youtube-white sharing button
Centre to send over 10,000 additional soldiers to violence-hit Manipur amid fresh violence | Chhattisgarh: 10 Maoists killed during encounter with security forces in Sukma | Baba Siddique murder case: Arrested Akashdeep Gill used a labourer's hotspot to evade tracking, say police | Donald Trump picks 'smart and tough' Pam Bondi as new US Attorney General after Matt Gaetz withdraws | Canadian government denies media report that claims PM Modi knew of Khalistani leader Nijjar's killing
Hijab ban issue: Supreme Court to decide on urgent listing of Muslim students' plea
Hijab Ban
Image credit: IBNS File

Hijab ban issue: Supreme Court to decide on urgent listing of Muslim students' plea

| @indiablooms | 22 Feb 2023, 01:29 pm

New Delhi/UNI: The Supreme Court on Wednesday assured that it will "take a call" on listing an application seeking permission for hijab-clad girls to take their examinations in Karnataka Government run institutions from Mar 9 onwards.

A bench of the top court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chadrachud, said he will look into the plea for setting up a 3-judge bench.

A group of girl students from Karnataka mentioned the matter before the Apex Court bench, headed by the CJI, seeking an urgent hearing in the Supreme Court to let them sit for the examinations in government institutions wearing the hijab. Examinations are beginning from Mar 9.

Lawyer Shadan Farasat, appeared for the group of girl students from Karnataka, and mentioned the matter before the apex Court for an urgent listing and hearing to the case.

"Why are they prevented from taking the examination?" the CJI asked Farasat.

To this, he replied, "Because they are wearing head scarfs". The CJI assured Farasat then, "I will take a call on this".

A similar plea was also made in the top court on January 23, by lawyer Meenakshi Arora, for some petitioners, who had sought interim direction in the matter.

She had told the court that since the examinations are going to be conducted in the government institutions, those wearing hijab may not be able to take the exams. To which, the CJI had said he would examine the matter for fixing an hearing.

Arora had sought setting up a 3-judge bench in view of the split verdict. She cited urgency in view of exams from Feb 6.

The top court had said that he will examine the matter, as it has to be placed before a bench of 3 judges and asked to submit a short note to the registrar.

The Supreme Court's two-judge bench had on Oct 13, last year, delivered a split verdict in the Hijab ban case, and it had referred the matter now to the Chief Justice of India's (CJI) court for his direction to constitute a larger bench to decide the issue.

A full bench of the Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice J M Khazi, in their judgement on Mar 15, 2022, held that wearing of hijab by women was not an essential religi practice of Islam.

The high court of Karnataka's three-judge bench, had passed the judgment on Mar 15, and dismissed the petitions filed by a group of muslim girl students against PU government college for denying them entry while wearing Hijab.

The high court bench led by Chief Justice Rituraj Awasthi dismissed the petition stating that the practice of hijab is not an essential practice under islam and thus does not fall within the ambit of Article 25 of the Constitution of India.

The High court had also held that prescription of school uniform is only a reasonable restriction which is constitutionally permissible which the students cannot object to and stated that the government had the power to issue such notification and that no case was made out against the government notification.

Support Our Journalism

We cannot do without you.. your contribution supports unbiased journalism

IBNS is not driven by any ism- not wokeism, not racism, not skewed secularism, not hyper right-wing or left liberal ideals, nor by any hardline religious beliefs or hyper nationalism. We want to serve you good old objective news, as they are. We do not judge or preach. We let people decide for themselves. We only try to present factual and well-sourced news.

Support objective journalism for a small contribution.