SC says hijab restriction is confined to schools only

One-liner: The SC on Wednesday said that the question in the Karnataka hijab ban matter is only about the restriction in schools as nobody is prohibited from wearing it anywhere else they want.

HC verdict challenged: The apex court was hearing arguments on a batch of pleas challenging the Karnataka HC verdict refusing to lift the ban on hijab in educational institutions of the state.

  • A bench was told by senior advocate Devadatt Kamat, who appeared for one of the petitioners, that the matter be referred to a five-judge Constitution bench

Can the state prohibit:  He argued that if a girl, in the exercise of her rights under Articles 19, 21, or 25 of the Constitution, decides to wear a hijab, then can the State put a prohibition that will violate her rights?

Restriction only in school: The bench orally observed: "The question is nobody is prohibiting you from wearing hijab. You can wear it wherever you want. The only restriction is in the school. We are only concerned with that question." 

State govt order: Kamat referred to the state govt's order of Feb 5, 2022, by which it had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges which some Muslim girls had challenged in the HC.

SC observation: While hearing the matter on Sept 5, the apex court observed that a person has a right to practise religion but the question is whether it can be taken to a school that has a prescribed uniform.

Source: PTI

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