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An SLP has been filed before the Supreme Court by one Mohammed Arif Jameel challenging the Karnataka High Court order whereby it dismissed the plea challenging the alleged ban on wearing the Hijab at Pre-University colleges in Udupi district of Karnataka.

Before a bench of CJI NV Ramana, the subject matter concerning Hijab row was mentioned. As of now, the court has not fixed any date for hearing it.

Yesterday, the High Court held that wearing Hijab is not essential religious practice of Islam and prescription of school uniform by the PU colleges is a reasonable restriction.

A Special Bench of the Karnataka High Court headed by Chief Justice Ritu Raj Awasthi and consisting of Justices Krishna Dixit and JM Khazi pronounced the judgment which the bench had reserved on 25th February 2022.

This SLP filed through AOR Adeel Ahmed states that the order of the State Government denying the entry to the Muslim Women wearing HIJAB in the educational institutions creates an unreasonable classification between the non-Muslim female students and the Muslim female students and thereby is in straight violation of the concept of Secularism which forms the basic structure of the Indian Constitution.

"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....", the plea further states.

Background:

Initially, the matter was put up before the single judge bench of Justice Krishna Dixit on February 9, 2022. However, the next day, Justice Krishna Dixit, after some deliberation with the members of the bar placed the matter before the Chief Justice of Karnataka High Court, Justice Ritu Raj Awasthi, to consider placing the matter before a larger bench since many important issues are involved. It was during this time that the Karnataka government was constrained to close educational institutions owing to social disturbances.

When the matter came up before the larger bench for the first time consisting of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi, on February 11, 2022, Senior Advocate Sanjay Hegde argued that uniforms are mandatory only for schools and that there is no provision in Karnataka Education Act, 1983 and the subsequent rules under the Act to penalise any student for not wearing uniforms properly. 

The court however passed an interim arrangement which said "We restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa),scarfs, hijab, religious flags or the like within the classroom, until further orders.”

Notably, Despite the matter being mentioned before the Supreme Court twice the Apex Court refused to intervene with CJI Ramana remarking, “Why do you want to spread these things to a larger level?”

Thereafter, the matter continued in the high court and on February 25, Court reserved the order.

Case title: Mohamed Arif Jameel v. State of Karnataka & ORS.