Hijab row: Appeals against Karnataka High Court ruling may be listed next week, indicates SC

Girl students had challenged in the Supreme Court the Karnataka High Court’s conclusion that wearing hijab was not an essential practice in Islam.

The Supreme Court on Wednesday indicated that appeals challenging Karnataka High Court’s conclusion that wearing hijab was not an essential practice in Islam would be listed next week.

A Bench led by Chief Justice of India N.V. Ramana was responding to an oral mentioning made by advocate Prashant Bhushan who said the case was in limbo for months.

The petitions, filed mostly by affected girl students, raise the question whether the State can interfere if a student wears a hijab to college without causing any harm to others and under the firm belief that it is a part of her religious observance and practice.

The students also bring to the fore the issue whether a woman’s dignity and the right to access to education should suffer because her dress code cannot be accommodated by the authorities of an educational institution.

The Supreme Court in the S.R Bommai case of 1994 had observed that “religious freedom is the hallmark of pluralism and inclusiveness”. The Constituent Assembly debates note how the establishment of a Secular State is an act of faith, the onus on the majority community to show that they could behave towards others in a generous, fair and just way.

The case was repeatedly mentioned in court during March and April for urgent listing. The court had assured that they would be listed. However, the appeals remain to be heard.

This, despite the fact that in February, the top court had assured the students protection of their constitutional rights and intervention at an “appropriate time”.