Hijab ban in classroom: Fresh plea in SC challenges HC verdict

The petition has been filed by one Sajeeda Begum, who had also sought to get herself impleaded as a party in the proceedings related to hijab ban before the high court .

A fresh plea was filed in the Supreme Court on Thursday challenging the Karnataka high court verdict which dismissed the petitions seeking permission to wear a hijab inside the classroom saying hijab is not a part of the essential religious practice in the Islamic faith.

A man walks past closed shops being run by Muslim people as they protest against Karnataka's high court decision to upheld a local ban on the hijab in classrooms, in Bangalore. (AFP)

The petition has been filed by one Sajeeda Begum, who had also sought to get herself impleaded as a party in the proceedings related to hijab ban before the high court (HC).

The top court on Wednesday said that it would list other pleas on the issue for hearing after Holi vacation.

When senior lawyer Sanjay Hedge, appearing for a student, mentioned the plea for urgent listing on March 16, Chief Justice of India N V Ramana had said “Others also mentioned, let us see...we will list (the petitions) after the vacation. Give us time.”

Begum, in her fresh appeal filed through lawyer Talha Abdul Rahman and others, said that the teenage girls covering themselves modestly while going to receive education pose no threat to “public order.” “In fact, the threat to law and order is manufactured by hecklers who are to be controlled by the state. The impugned government order would affect young girls’ minds forever,” the appeal said.

The HC treated dress code or uniform prescribed as not involving the issue of breach of the fundamental right, without appreciating that no such uniform has yet been prescribed that takes away the right to wear hijab.

Prior to this, several other pleas including a Muslim student, who was one of the petitioners before the high court, had moved the apex court against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the Constitution.