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Hijab row: Petition filed in Supreme Court against Karnataka HC verdict

Hijab row: Petition filed in Supreme Court against Karnataka HC verdict

Earlier on Tuesday, the Karnataka HC dismissed various petitions challenging a ban on hijab in education institutions, saying wearing hijab is not an essential religious practice in Islam.

A special leave petition has been filed in SC. A special leave petition has been filed in SC.

A petition has been filed in the Supreme Court against the verdict of Karnataka High Court which said that wearing hijab is not a part of essential religious practices in Islam.
 
A special leave petition on behalf of a Muslim student, Niba Naaz, has been filed in the Supreme Court.
 
The petition argues 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.
 
Besides, it also said that the High Court failed to note that Karnataka Education Act does not provide for any mandatory uniform to be worn by students and the right to wear a hijab falls under the ambit of right to privacy.
 
"The Hon'ble High Court has failed to note that the right to wear a Hijab comes under the ambit of 'expression' and is thus protected under Article 19(1)(a) of the Constitution. It is submitted that clothing and appearance fall within the ambit of the right of expression guaranteed under Article 19(1)(a) of the Constitution...," it said.
 
Meanwhile, the Hindu Sena has also filed a caveat in the Supreme Court, requesting that it be heard before the top court passes any order on the matter.
 
Earlier on Tuesday, the Karnataka High Court dismissed various petitions challenging a ban on hijab in education institutions, saying wearing hijab is not an essential religious practice in Islam.
 
Prescription of school uniform is a reasonable restriction which student could not object to, the court said while pronouncing the judgment in the hijab row case.
 
(With inputs from Nalini Sharma)

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