hijab case hearing in supreme court

An important hearing was held in the Supreme Court today in the matter raised over the wearing of hijab.

Advocate Aditya Sondhi, appearing for one of the petitioners, argued that I refer to the findings of the Justice Sachar Committee report.

It was concluded that Muslim women were facing discrimination due to their practices of wearing hijab, burqa etc.

Sondhi cited a decision of the Nigerian Supreme Court that allowed the use of the hijab in public schools in Lagos.

The government's order should ultimately be left to the schools.

What public order problem arises in these circumstances?

Girls have worn it on some basis only.

And the order of the Government of Karnataka High Court not only violates freedom of religion, right to education, but also violates Article 15, which is discrimination.

How can students be asked to choose the right to wear the hijab or continue their education?

Not allowing girl students to wear hijab also means that they are being deprived of their fundamental right to education.

Let us tell you that the bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia is hearing this matter.

Sondhi - Not allowing a girl student inside a class just because she wears a hijab is also a violation of Article 15 (the state shall not discriminate against anyone on grounds of caste, sex, religion).

Sondhi cited Dr Ambedkar – which states that a person without employment may be forced to choose a job with fewer jobs and rights.

Unemployed are forced to give up fundamental rights.

How is the quote from Justice Dhulia - Dr. Ambedkar relevant here?

Sondhi: A citizen should not be burdened to choose between the two rights.

This is the situation that girls are facing.


Advocate Aditya Sondhi said - This matter was related to the right of women for permanent commission for India.

In that context, the Court held that what appears to be innocuous and neutral may indirectly have the effect of discriminating against a group and, if so, would be opposed by the Court.

I have friends in law college who have never worn a hijab.

It is ultimately a matter of personal preference, but here we are dealing with students who may be the first learners in the family.

We have to keep in mind the socio-economic background.

Giving the example of America's decision, lawyer Sondhi said that the state government should be shown justified in religious matters while working in the interest of the state.

There can be inter-religious differences, so the fact that some girls choose not to wear it is a different matter. 

- Sondhi- In fact, many girls have been forced to make choices, and have been thrown out of education.

- Sondhi reads excerpts from the Supreme Court of Nigeria's decision, which states that verses from the Quran state that female Muslims should cover their heads.

Senior advocate Rajeev Dhavan starts the argument 

- Dhawan: On essential practices, there is a difference of opinion between the Kerala High Court and the Karnataka High Court.

The Kerala High Court considers it necessary.

A person wearing a hijab cannot be discriminated against on the basis of religion and gender.


Right to dress is part of freedom of expression.


There is another right - a


person wearing a hijab cannot be discriminated against on the basis of religion and gender.


Unless we keep the matter in its proper perspective.


We know that today there is great discontent among the majority community for rejecting what comes as Islam.


- We can see that in the cow slaughter case, now cases have been filed at 500 places of worship.


 -Justice Gupta: You must stick to the facts 


  - Dhawan - I am on discrimination.

Dhawan said that hijab is considered legal across the world.

The argument is not about the headscarf.

The argument is about the hijab.

It is a matter of deciding on gender and religious rights.

The court asked, is this happening only in school?

Dhawan said- its explanation is that this problem is happening everywhere, all over India..


Dhawan said – here the issue is not of discipline in school through dress code.


After the decision of the Karnataka HC, it was written in the newspapers that the hijab was banned and not the dress code was retained.

Court - What the newspaper does not write is not the subject of the court hearing


Dhavan - What the newspaper writes, it shows what the real issue is.

It is not just a matter of discipline in the school.

Dhawan: This controversy escalated because of the development committee.


The girl students were beaten up and discriminated against.

Actually this is the case.

The principal also refused to meet the Guardian. 


Dhavan on the practice of essential religions


 What we don't want is that every religion should not become High Priest,


just be a pundit and decide what the law is

Justice Gupta - If we don't decide then who will decide?


- If an issue comes up, which platform will decide? 


- Who will decide if a dispute arises 

Dhavan: What's the controversy


- is it a necessary practice


- if hijab is practiced all over India then the court will only see if it is a genuine practice.

Dhawan: If an act is done according to the principles of a faith, and is authentic.. then we have to check whether this practice is prevalent or not, and this practice is not malicious.


Dhavan - Judges should not become jurists in matters of religion. 


- No outside authority has any right to say that it is not an essential part of religion.


 It is not open to the secular authority of the state to restrict them in any way under the guise of administration.

The court asked Rajeev Dhawan whether hijab is an essential practice in Islam? 


Rajeev Dhawan said that hijab is worn all over the country.

It is a proper and acceptable practice in Islam and in the Bijoy Emanuel case, the Court held that a practice may be allowed if it is proved that it is proper and acceptable.


Dhawan- Actually this matter is about the campaign being run for the campaign against Hijab.


Dhavan - Government order has no basis 


- it is meant to target Muslims especially Muslim women 


- Dhavan's arguments fulfilled    


Huzefa Ahmadi on behalf of the petitioners 


- what is the legitimate state interest? 


- The legitimate state interest is in promoting education, especially among minors


- it is not in the interest of making a policy that excludes children from school