New Delhi: The Supreme Court mentioned on Wednesday it would take a name on itemizing a plea for permitting Muslim woman college students to sit for examinations in Karnataka authorities faculties whereas carrying the hijab. Following the apex court docket’s cut up verdict on the difficulty of ban on sporting the Islamic scarf in academic establishments in Karnataka, women in hijab usually are not being permitted to take the exams scheduled to start from March 9, a bench headed by Chief Justice DY Chandrachud was advised.
“They are wearing headscarves. If they are wearing headscarves they are not allowed inside the examination hall. Only on that limited aspect, the court may consider listing it on Monday or Friday,” mentioned lawyer Shadan Farasat.
He advised the bench, additionally comprising Justice P S Narasimha, that a couple of women have moved to personal establishments due to the prohibition on carrying hijab however have to take their exams in authorities establishments. They threat shedding one other yr if not permitted, he mentioned.
“I will take a call,” the CJI mentioned. Due to the cut up verdict, the excessive court docket’s judgement nonetheless holds.
The cut up verdict on October 13 final yr held off a everlasting decision to the hijab row as each judges urged putting the matter earlier than a bigger bench for adjudication.
The high court docket had mentioned final month it would contemplate establishing a three-judge bench to adjudicate the case associated to the ban on carrying the Muslim headgear in Karnataka authorities faculties.
While Justice Hemant Gupta, since retired, had dismissed the appeals difficult the March 15, 2022 judgement of the Karnataka High Court which had refused to elevate the ban, Justice Sudhanshu Dhulia held there might be no restriction on carrying hijab wherever in the colleges and schools of the state.
Permitting a neighborhood to put on its non secular symbols to faculties might be an “antithesis to secularism”, Justice Gupta had mentioned, whereas Justice Dhulia insisted that placing on the Muslim scarf ought to merely be a “matter of choice”.
On March 15, 2022, the excessive court docket had dismissed the petitions filed by a bit of Muslim college students of the Government Pre-University Girls College in Karnataka’s Udupi looking for permission to put on the hijab inside lecture rooms, ruling it isn’t part of the important non secular apply in the Islamic religion.
During the arguments in the apex court docket, a variety of counsel showing for the petitioners had insisted that stopping Muslim women from carrying the hijab to the classroom will put their training in jeopardy as they may cease attending lessons.
Insisting that the agitation in assist of carrying hijab in academic establishments was not a “spontaneous act” by a couple of people, the state’s counsel had argued in the apex court docket that the federal government would have been “guilty of dereliction of constitutional duty” if it had not acted the way in which it did.
The state authorities’s order of February 5, 2022 was challenged by Muslim women in the excessive court docket. Several pleas have been filed in the apex court docket difficult the excessive court docket verdict.
