Supreme Court’s hearing on Hijab row

Supreme Court’s hearing on Hijab row

Subject : Polity

Context:

The Supreme Court is hearing arguments on a batch of pleas challenging the Karnataka High Court verdict refusing to lift the ban on Hijab in educational institutions of the state.

Background:

• On 5 February, the Karnataka government issued an order stating that uniforms must be worn compulsorily where policies exist and no exception can be made for the wearing of the hijab. Several educational institutions cited this order and denied entry to Muslim girls wearing the hijab.
• The Karnataka High Court upheld the legality of the Karnataka Government’s February 5 order prescribing wearing of uniforms in schools and pre-university colleges under provisions of the Karnataka Education Act, 1983. It declared that Wearing of hijab by Muslim women does not form a part of essential religious practices in Islamic faith and it is not protected under the right to freedom of religion guaranteed under Article 25 of the Constitution of India.
• The court ruled that prescription of school uniform does not violate either the right to freedom of speech and expression under Article 19(1) (a) or the right to privacy under Article 21 of the Constitution, and the restriction against wearing of hijab in educational institutions is only a reasonable restriction constitutionally permissible, which the students cannot object to.

Protection of religious freedom under the constitution:

Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.

• Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
• Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
• Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
• Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.

However, like other fundamental rights, the state can restrict the right on grounds of public order, decency, morality, health and other state interests.