'Right to hijab protected by Constitution': Plea in SC against HC order

New Delhi: A plea has been moved in the Supreme Court challenging the Karnataka High Court order on Tuesday dismissing all petitions seeking direction for permission to wear hijab in classrooms.

The plea, filed by two Muslim students, Manan and Niba Naaz, through advocate Anas Tanwir, said: "The petitioners most humbly submit 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."

The plea contended that the high court failed to note that the Karnataka Education Act, 1983, and the Rules made thereunder, do not provide for any mandatory uniform to be worn by students.

"The High Court has failed to note that the right to wear a Hijab is protected as a part of the right to conscience under Article 25 of the Constitution. It is submitted that since the right to conscience is essentially an individual right, the 'Essential Religious Practices Test' ought not to have been applied by the Hon'ble High Court in this instant case," it said.

"The High Court has failed to note that the Indian legal system explicitly recognises the wearing/carrying of religious symbols. It is pertinent to note that Section 129 of the Motor Vehicles Act, 1988, exempts turban wearing Sikhs from wearing a helmet," it said, and also cited rules made by the Ministry of Civil Aviation, allowing Sikhs to carry kirpans on the aircraft.