'Don't sensationalise', SC refuses urgent hearing on plea against Karnataka HC order on hijab


New Delhi, Mar 24 (IANS): The Supreme Court on Thursday declined to give any specific date to hear a plea challenging the Karnataka High Court order, which dismissed all petitions seeking direction for permission to wear hijab in classrooms.

Senior advocate Devadutt Kamat mentioned one of the cases on behalf of a petitioner, a Muslim girl student, and sought urgent listing of the matter. Kamat insisted that exams were approaching and urged the court for an urgent hearing on the matter.

A bench headed by Chief Justice N.V. Ramana said this has nothing to do with the exams. The Chief Justice told Kamat not to sensationalise the matter.

 

Kamat contended that the girl students were not being allowed to enter the schools, and they will lose one year. However, the bench moved on to the next item.

On March 16, the Supreme Court on Wednesday declined to grant an urgent hearing on a plea challenging the Karnataka High Court order, which held that wearing of hijab by the Muslim women does not form a part of the essential religious practice in Islamic faith.

Then, senior advocate Sanjay Hedge, representing the petitioners, mentioned the plea before a bench headed by Chief Justice N.V. Ramana. Hedge said there was urgency in the matter, as several girls have to appear in exams. The bench said others have also mentioned and the court will look into the matter.

Hedge had insisted that the exams are starting and there was urgency in the matter.

The bench said it needed time and it would post the matter for hearing. After brief submissions, the bench said the court may list it after Holi vacations. "Give us time, we'll post the matter," said the bench.

The plea filed through advocate Adeel Ahmed and Rahamathullah Kothwal said the high court order creates an unreasonable classification between the Muslim and the non-Muslim female students, and thereby is in straight violation of the concept of secularism which forms the basic structure of the Indian Constitution. The petitioners are Mohamed Arif Jameel and others.

The plea said: "The impugned order is also in sheer violation of the Article 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 further added, "Being aggrieved by the impugned Government Order, as it is in violation of Indian constitution, the petitioner had approached the Hon'ble High Court by way of a Public Interest Litigation (PIL) petition challenging the validity of the same.

"The Hon'ble High Court vide the impugned order had sought to curtail the fundamental right of Muslim student-women by upholding the impugned Government Order which bars Muslim women from wearing the hijab and pursue their education. It is hereby submitted that the right to wear hijab is an 'essential religious practice' and 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'."

Another plea, filed by two Muslim students, Manan and Niba Naaz, through advocate Anas Tanwir, said: "The petitioners most humbly submit that the High Court has erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience."

 

  

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Comment on this article

  • S g kankanady, Mangalore

    Thu, Mar 24 2022

    Hijab is prescribed by Islam ...true Does one need to wear it in a class ? Questionable Is it a fundamental right given by constitution? Yes Is the high court judgement wrong constitutionally? Sort of Is there any hope of legal relief from sc? 😂😂😂 Keep hoping So get on with life ....be practical. Don't play into the hands of bigots

    DisAgree [1] Agree [1] Reply Report Abuse

  • Vineet, Mangalore

    Thu, Mar 24 2022

    Those who are concerned about exams and their future, can attend their exams wearing school uniforms. Very simple .

    DisAgree [5] Agree [38] Reply Report Abuse

  • SAN, Mangaluru

    Thu, Mar 24 2022

    students with this kind of mindset will never excel in exams also😄.

    DisAgree Agree [4] Reply Report Abuse

  • SN, MANAGALORE

    Thu, Mar 24 2022

    It will take some time and things will settle....... and people will be used to it. Whatever good and not disturbing others should be allowed to continue...... and people of all communities should understand the politicians who use any issue for their advantage.

    DisAgree Agree [11] Reply Report Abuse

  • N D Shetty, Mangalore

    Thu, Mar 24 2022

    When the SC gives its verdict, perhaps these girls children will be stepping to college and it may help them to decide.

    DisAgree [1] Agree [28] Reply Report Abuse

  • Avadhootha, Iha

    Thu, Mar 24 2022

    Sati sahagaman ---- Hindus have left behind. Child marriage -----Hindus have left behind, still one off cases happen. Parda paddathi ---- Hindus have left behind, still some practice, but very rarely. White sheet ceremony---- Rajpuths and royal Rajasthani people have completely abandoned this practice. Christians have adopted many many things as per modern society.

    DisAgree [3] Agree [52] Reply Report Abuse

  • Jeeth Dsouza, Mangalore

    Thu, Mar 24 2022

    Totally agree with your comment. When other religions have changed with time and have stopped some practices which are not right I urge my Muslim brothers to do the same. You need to change and improve your religious practices with time. Hindus, Christians etc have abolished so many practices which were bad and they changed. Its high time that Muslims too be united and get a change in their religion. Else it will be really difficult for them..!

    DisAgree [5] Agree [64] Reply Report Abuse

  • SUNIL, MLORE

    Thu, Mar 24 2022

    @Jeeth D'souza, Mangalore, Soo ture.....it's because all others are real religions, working towards better quality of life by constantly improving upon their mistakes and floowing moral and ethics of humanity in life. Only one cult business group in constantly looking to forcefully increase their number by hook or by crook to grab land, power and money. This not a religion..its a cult political party, which has no moral or ethics in life.

    DisAgree [4] Agree [34] Reply Report Abuse

  • Anwar, Mangaluru

    Thu, Mar 24 2022

    Sad to see such comments, If things were to change - it would have changed centuries ago. Stop asking people to live as per so called "modern terms" - we all have our individual call.

    DisAgree [30] Agree [3] Report Abuse

  • jr, Mangalore

    Thu, Mar 24 2022

    SOME SPEAKS SECULAR, SOME SPEAKS RELIGION THESE SOME TWISTING THE ISSUES AS AND WHEN REQUIRED DISTURB THE PEACE OF SOCIETY. WHAT IS WRONG IF SCHOOLS DEMAND UNIFORMS WITHOUT SCOPE FOR INDIVIDUAL IDENTITY BUT ALL ARE STUDENTS. EDUCATION IS PRIMARYIN A CIVIL SOCIETY AND RELIGION ETC ALL ARE SECONDARY NO MATTER WHO EVER THEY MAY BE. IT IS A ORDER BY THREE JUDGE BENCH PUT ITS BEST EFFORTS IN SUCH A SHORT SPAN TO SAFEGUARD THE INTEREST OF STUDENTS TO BE RESPECTED BY ONE AND ALL .

    DisAgree [4] Agree [26] Reply Report Abuse

  • A.M.Belma, Mangalore

    Thu, Mar 24 2022

    What happened to the 'all minority ' protests by the Congress ? Also why is there no 'press conference' by the usual leaders? This is the time, when help by the party is required for its supporters, and in turn is a defeanning silence! This is not done!

    DisAgree [15] Agree [14] Reply Report Abuse

  • Neil Anthony Rodrigues, Mangalore

    Thu, Mar 24 2022

    Why are they doing this to girls and women? I have volunteered my life to protect women from domestic abuse and other abuses. Why is society not doing the same? Please protect women's rights.

    DisAgree [21] Agree [15] Reply Report Abuse

  • Sunil Padival, Mangalore

    Thu, Mar 24 2022

    Mr Devadatt Kamat, The KARNATAKA HC Verdict Is Not Important. But the student Losing A Year Is! Wah Re, Vakil_Saab !! WAH WAH !!

    DisAgree [16] Agree [67] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Thu, Mar 24 2022

    @ Fake ID holder "You can’t teach others if you are living the same way" - Practice what you preach.

    DisAgree [10] Agree [16] Reply Report Abuse

  • Vijay Benedict, Mangalore

    Thu, Mar 24 2022

    We cant allow ourselves to become as useless as Pakistan, Afganisthan and those type of countries. these religious symbols have no place in schools. In the Middle Eastern countries Hijab is optional and not mandatory by religion. King Hussein of Jordan, family do not wear Burqa, They are the real desendents of Prophet Mohammed (PBUH).

    DisAgree [12] Agree [70] Reply Report Abuse

  • Jayesh, Nandikoor

    Thu, Mar 24 2022

    Converted muslims from asean continent according to there beliefs as following all aspects of Islam religiously inspite saudi arabia is cradle of islam.

    DisAgree [5] Agree [38] Reply Report Abuse

  • KvKamath, Mangalore

    Thu, Mar 24 2022

    These girls don't understand that their career is lost .If Hijab and Burqa were that much holy for grown up females , then how can her husband give Talaq when she wears it day in and day out. I welcome the refusal of the court in this matter . It needs to be banned in all public offices too.

    DisAgree [13] Agree [69] Reply Report Abuse

  • Kedhar, Mangaluru

    Thu, Mar 24 2022

    KV Kamath Sir... Not important to look at face and give Talaaq Can and was done through telegram, telephone, whatsapp etc. Now it is banned. You can ask, How to go to dentist and other such questions.

    DisAgree [2] Agree [20] Reply Report Abuse

  • L Pais, Mangalore

    Thu, Mar 24 2022

    An appropriate decision! So its up to the girls to decide if exams are more important of Hijab. Its as simple as that!

    DisAgree [10] Agree [72] Reply Report Abuse

  • John Tauro, M'lore

    Thu, Mar 24 2022

    Looks like they are not interested in studies.

    DisAgree [2] Agree [35] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Thu, Mar 24 2022

    "Presidents come and go, but the Supreme Court goes on forever." Countries interest is binding and more valuable to maintain peace & tranquility in the society.

    DisAgree [7] Agree [29] Reply Report Abuse

  • Jayesh, Nandikoor

    Thu, Mar 24 2022

    Zor Ka Dhakka Dheere Se Lagha.

    DisAgree [7] Agree [53] Reply Report Abuse

  • Jeeth Dsouza, Mangalore

    Thu, Mar 24 2022

    I really believe they should stop this. The more they do this more they will marginalized in society. Everyone is getting irritated by this. I request my Muslim friends to accept the High court decision and move on. Integrate with the society rather than be separate.

    DisAgree [15] Agree [78] Reply Report Abuse

  • Sandesh, Manipal

    Thu, Mar 24 2022

    Verdict on Babri Masjid came after on or around twenty years or more. Can students wait upto that period to hear verdict when there potha-pothi go to school

    DisAgree [12] Agree [60] Reply Report Abuse

  • Naveen, Udupi

    Thu, Mar 24 2022

    It's what happening when he go extremely beyond religion which not give us food but education. Now who we can blame oneself for taking so extreme steps to boycott classes on account of some organizations. See what happened in Afghanistan..islamic radicals closed down girls schools/colleges. They want to keep womens as slaves at home..only meant for child-bearing.

    DisAgree [9] Agree [71] Reply Report Abuse


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Title: 'Don't sensationalise', SC refuses urgent hearing on plea against Karnataka HC order on hijab



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