The All India Muslim Personal Law Board has taken the issue of the ban on wearing hijab in educational institutions to the Supreme Court, arguing that it violates the constitutional rights of Muslim girls. The Board claims that the ban restricts the religious freedom and constitutional rights of Muslim women and girls.
The petition filed by the Board and two “practising Muslim women” stated that they are forced to remove their hijab in order to pursue their right to education, which they believe compromises their self-respect and dignity. The petitioners wear hijab in public spaces as an exercise of their Constitutional rights.
The plea emphasized that the petitioners had requested to wear a headscarf/hijab of the same color as the uniform in order to align with their fundamental right of conscience and expression. The high court, however, overlooked the real issues and engaged in discussions that resulted in indirect discrimination.
The core issue before the high court was whether the petitioners should be allowed to assert their fundamental right of conscience under Article 25(1) of the Constitution without having to justify it as an essential religious practice. The high court’s emphasis on propositions that result in discrimination and exclusion was also criticized.
The plea argued that the high court’s decision directly discriminates against Muslim girls and ignores the doctrine of reasonable accommodation. It also has a wide impact on the socio-religious ethos of the Muslim community and interferes with the religious freedom guaranteed under the Constitution.
The plea contended that the high court’s judgment shows a misunderstanding of Islamic texts, particularly the Holy Quran. It stated that religious scholars of all schools of thought agree that the practice of hijab is mandatory and failing to follow it is considered a sin.
On March 15, the Karnataka High Court dismissed petitions filed by Muslim girls seeking the right to wear hijabs in classrooms, ruling that wearing the hijab is not an essential religious practice in Islam and is subject to reasonable restrictions under Article 25 of the Constitution.
