Hijab Row: SC Assures Petitioner To Constitute Bench, Hearing Expected After Holi Vacation

The Supreme Court today assured the petitioner in a hijab row that it will constitute a bench and will hear the plea seeks to allow female students to appear in examinations wearing Hijab in Karnataka.

The bench headed by Chief Justice of India DY Chandrachud stated that it will constitute the bench and will hear the Hijab issue. The plea was mentioned by the Shariat Committee that sought to grant permission to the female students to appear in the exams with wearing Hijab.

The court stated that it will list the matter immediately after Holi. The Apex court will remain closed for the Holi break from tomorrow and it will reopen on March 13.

The Petitioner’s counsel told the court that the exams are after 5 days and insisted to hear the matter urgently.

An application was moved in the top court to allow girl students to appear in examinations, beginning from March 9, in Karnataka colleges wearing headscarves.

Earlier, the top court has given a split verdict on various petitions challenging the Karnataka High Court order which upheld a ban on Hijab in educational institutes. Justice Hemant Gupta dismissed the appeal while Justice Sudhanshu Dhulia allowed it.

Thereafter, the matter was referred to the Chief Justice of India for appropriate direction due to divergent opinions. The judgement was given by the bench of 2 judges, Justice Hemant Gupta and Justice Sudhanshu Dhulia.

The court was hearing several pleas against Karnataka HC’s judgement upholding the Karnataka Govt decision to direct educational institutes to prescribe uniforms in educational institutes.

Various petitioners have approached the apex court challenging the Karnataka HC order upholding the Karnataka government’s order which directs strict enforcement of schools and colleges’ uniform rules.
Karnataka High Court last year held the prescription of uniforms is a reasonable restriction that students could not object to and dismissed various petitions challenging a ban on Hijab in education institutions stating that they are without merit.

The Hijab row was erupted in January last year when the Government PU College in Udupi allegedly barred 6 girls wearing the hijab from entering. Following this, the girls sat in protest outside the college over being denied entry.

Afterwards, boys from several colleges in Udupi started attending classes wearing saffron scarves. This protest spread to other parts of the state as well leading to protests & agitations in several places in Karnataka.

As a result, the Karnataka government states that all students must adhere to the uniform and ban both hijab and saffron scarves till an expert committee decided on the issue.

Previously, On February 5 2022 the pre-University education board released a circular stating that the students could only wear the uniform approved by the school administration and no other religious attire would be allowed in colleges.