New Delhi, 13 September: There was a lot of ruckus in Karnataka after the hijab was banned in colleges a few months back. The girl students had approached the Supreme Court challenging the Karnataka High Court’s decision to uphold the ban on hijab. While hearing this on Monday, the Supreme Court said that women wearing hijab should not be seen as a caricature, but should be seen with respect.
Senior advocate Yusuf Muchhala said women wearing hijab should not be seen as caricatures. They should be treated with respect. They are strong willed women and they feel that this has given them strength. No one can impose their decision on them. Senior advocate Yusuf Muchhala requested a bench of Justices Hemant Gupta and Justice Sudhanshu Dhulia to refer the matter to the Constitution Bench.
Education cannot be denied, simply because of wearing a headdress
Senior advocate Yusuf Muchhala referred to certain documents highlighting the violation of right of Muslim girls due to non-acceptance of cultural and religious rights of Muslim girls to wear cloth only on head, education cannot be denied. The senior advocate also argued that the denial of entry to girl students wearing hijab violated the fundamental right to education, personal dignity, privacy as well as to practice religion.
The High Court had no option but to do so
Justice Gupta said that the High Court merely held that the right to conscience and the right to practice religion are mutually exclusive. During the hearing, Muchala had argued that the High Court should not have gone into the interpretation of the Quran. Responding to their arguments, the bench said that the High Court had no option but to do so as it was argued that wearing hijab was a necessary religious practice. Muchhala had said, “The Constitution clearly provides that the court should not prescribe religion for the people to follow and the court should not interpret the religious texts.”
Senior advocate Salman Khurshid had also said that wearing hijab is a matter of religion, culture, conscience, culture and dignity. Khurshid said, “We will not say that the uniform should be dropped, but there is something other than the uniform which should be allowed.”
Muchla said, “Whether the hijab is an essential part of religion is a completely irrelevant part as far as we are concerned. We are really concerned with the rights of the individual, we are not considering it as part of the religious sect. are.”
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Supreme Court said ‘women in hijab are not caricatures, they should be seen with respect’
Story first published: Tuesday, September 13, 2022, 13:12 [IST]