New Delhi: A plea has been filed in the Supreme Court challenging the interim order of Karnataka High Court where the latter has asked students not to insist on wearing religious articles until the matter was decided.
The plea 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,” it added.
Dr J Halli Federation of Masjid Madaaris and Wakf Institutions filed the petition. The plea contended that the Karnataka High Court on Thursday has sought to curtail the fundamental right of Muslim student-women by not allowing them to wear the Hijab and pursue their education.
It said that the concerned students have their practical exams beginning from February 15, and any interference on their access to educational institutions shall impede their education.
“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.
Meanwhile, the apex court has been adjourned the hearing of the case regarding hijab till Monday. In the interim, the court has asked students not to wear Hijab or any religious attire till the matter is pending with court and said the educational institutions can resume classes for the students.
first published:Feb. 11, 2022, 11:26 a.m.