Munmun Kaur
Published On: February 11, 2022 at 16:44 IST
Recently, an Appeal against the Karnataka High Court’s interim Order proposing to bar students from wearing religious garments to educational institutions in Karnataka has been filed in the Supreme Court.
As per the sources, Advocates-on-Record for the Petitioners Rahamatullah Kothwal and Adeel Ahmed has confirmed an Appeal being filed in the Supreme Court.
On February 11, a Full Bench of the Karnataka High Court headed by Chief Justice Ritu Raj Awasthi heard four Petitions on the Hijab ban. The Chief Justice had orally remarked that an Interim Order will be passed restraining the petitioners in the Hijab row matter and other students from wearing any religious garment or headdress, till the matter is disposed off. She further said, “We want peace and tranquility.”
Although, the copy of the Order is yet to be uploaded on the High Court’s website.
The Appeal before the Apex Court states that the right to wear Hijab falls under the Right to Freedom of speech and expression under Article 19(1)(a), right to privacy, and freedom of conscience under Article 25. Therefore, it cannot be infringed upon without a valid Law.
It further states that the interim Order by the High Court creates a distinction between Muslim and non-Muslim female students and directly hits at Secularism which is part of the Basic structure of the Constitution.
The whole matter began after the students approached the Karnataka High Court after certain Government colleges banned Muslim students from attending classes wearing Hijab.