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The hijab dispute in Karnataka SC has rejected urgent hearing in the Karnataka hijab dispute
Thursday, 10 Feb 2022 18:00 pm
News Headlines, English News, Today Headlines, Top Stories | Arth Parkash

News Headlines, English News, Today Headlines, Top Stories | Arth Parkash

On Friday, the Supreme Court declined to hear urgent petitions challenging the Karnataka High Court’s decision in the state’s hijab dispute.

“Don’t let these things get out of hand.” Let us see when it is suitable for us to interfere,” the bench led by the Chief Justice of India stated.

The Karnataka High Court heard Muslim students’ petitions against restrictions on wearing hijab in educational institutions on Thursday. The judges decided to rehear the case on Monday, February 14, and instructed students not to wear any religious clothing while the case is pending in court.

THE SUPREME COURT’S OPINION-

“We are also monitoring,” the CJI-led bench remarked in response to requests seeking an expedited Supreme Court hearing in the case. We’re aware of what’s going on in the state and at the hearing. You must also assess whether it is appropriate to take it to the national level. When the moment is right, we’ll listen.”

“We must preserve everyone’s constitutional rights,” the court added.

“We are following up,” the CJI responded when notified about the students’ upcoming tests. We’ll see what’s necessary.”

WHAT THE PETITIONERS HAD TO SAY-

“This has far-reaching significance not merely for Muslims,” the petitioners who are contesting the high court’s judgement stated in the Supreme Court. Turbans are also worn by Sikhs. This effectively renders Article 25 null and void.”

Social worker Arif Jameel, who claimed that banning Muslim women the right to wear hijab would obstruct their education, and Youth Congress activist BV Srinivas, who claimed that the hijab prohibition in educational institutes was a violation of Article 25, are among the petitioners.

WHAT THE GENERAL SOLICITOR SAID

Meanwhile, the government’s Solicitor General of India urged the petitioners not to “make it political and religious.” He stated, “Let the top court decide.”

How Does The HIJAB ROW APPEAR? 

The hijab (headscarf) dispute in Karnataka began on January 1, 2022, when Muslim schoolgirls at Udupi Women’s Pre-University College were denied admission because they wore hijabs.

Since then, a number of events have occurred across Karnataka, in which Muslim girls have worn hijabs to school and Hindu students have begun wearing saffron shawls as a form of protest. Earlier this week, the clashes became violent.

The case is currently before the Karnataka High Court.

The government has issued an order prohibiting Muslim women wearing hijab from entering educational institutions. The challenged ruling creates an unfair distinction between non-Muslim female students and Muslim female students, and hence is in direct contravention of the Indian Constitution’s essential notion of secularism.

The contested order also runs afoul of Articles 14, 15, 19, 21, and 25 of the Indian Constitution, as well as the essential principles of international treaties to which India is a party. The Petitioner had moved the High Court contesting the legitimacy of the impugned Government Order, since it was in breach of the Indian constitution,” the appeal at the apex court said.

On Thursday, the three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice JM Khazi, and Justice Krishna S Dixit issued an order instructing students not to wear hijab or any religious garb until the case is resolved in court.

The bench stated that it wants the matter settled as soon as possible, but that peace and tranquilly must be maintained until then.

The Chief Justice had stated orally that the bench will issue an interim injunction prohibiting the petitioners in the students from wearing hijab or any religious garb till the case was resolved in court.

A new petition was filed with the Supreme Court yesterday, contesting the Karanataka government’s dress code law, which has sparked a hot debate over the wearing of the hijab in the state.

In light of the hijab controversy, Fathima Bushra, an Udupi college student, filed a petition challenging the legality of a Karnataka Government Order issued on February 5, 2022, prescribing guidelines for a dress code for both government and private schools, as well as pre-university colleges in the state.

Also Read- 

http://arthparkash.com/english/no-religious-wear-until-case-is-resolved-karnataka-hc