Following the Karnataka High Court's verdict on the hijab row, a special leave petition has been submitted in the Supreme Court that challenges the court's judgment. It has been filed by Niba Naaz, a student, through advocate-on-record Anas Tanwir.
The Bench of the Karnataka High Court stated that wearing a hijab is not part of essential religious practice in the Islamic faith and, hence, cannot be deemed a violation of Article 25 of the Constitution. The court went on to establish that prescribing school uniforms is a reasonable restriction on the students' rights and, therefore, the Government Order issued by Karnataka state on February 5 does not violate their rights.
The court based the verdict while answering four fundamental questions. Firstly, whether wearing the hijab is an essential required practice in the Islamic faith and if it requires protection under Article 25. Secondly, whether the prescription of school uniforms is violative of rights. Thirdly, whether the Government Order of February 5, apart from being incompetent and manifestly arbitrary, violates Articles 14 and 15. Finally, whether any case is made out of issuance of disciplinary inquiry against college authorities.
Chief Justice Ritu Raj Awasthi read out the following judgment in open court, "Our answers to the questions are, wearing of hijab by Muslim women does not form Essential Religious Practice in the Islamic faith. Our second answer is prescription of school uniforms is only a reasonable restriction, constitutionally permissible which students cannot object to. In view of the above, the government has the power to issue the government order of February 5 and no case is made out for its invalidation. No case is made out for the issuance of disciplinary proceedings against respondents and writ of quo warranto is not maintainable. All writ petitions being devoid of merits are dismissed."
