Hearing petitions challenging the Karnataka High Court's decision to uphold the restriction on wearing hijab in educational institutions, the Supreme Court on Monday said: "You may have a religious right to practice whatever you want. But can you take that right to a school that has a uniform?"
A bench of Justices Hemant Gupta and Sudhanshu Dhulia asked a volley of questions to senior advocate Sanjay Hegde who was appearing for the main petitioner in the case and said, "Can a student come in minis, midis, whatever they want? You may have a religious right, and can you take that right within an educational institution where a uniform is prescribed? You may be entitled to wear a hijab or scarf. Can you carry the right within an educational institution which prescribes uniform?"
Responding to this, Hegde said, "Can someone be excluded from college because that person does not adhere to uniform code? Is this right?"
"Most of the colleges prescribe salwar, kameez, and dupatta. So how can we tell a grown woman that you cannot have control over her modesty or place it above your head? Can this be done in Patiala? Perhaps no," Hegde added.
Hegde then explained to the bench how the government order was not in tune with the Karnataka Education Act.
"The order says no attire can be worn which shows religion being professed. The order is contrary to its object and purposes of the act and it cannot be used to give a direction etc. Even under Rule 11A uniform prescribed must be in consonance with the mandate of the Act," he submitted while stating that any change in dress will have to be notified a year in advance as per the statue
However, the bench did not agree with his submissions and said, "You may have a religious right, and can you take that right within an educational institution where a uniform is prescribed? You may be entitled to wear a hijab or scarf. Can you carry the right within an educational institution that prescribes uniforms? They are not denying the right to education what they are saying as the state is you come in the uniform."
Additional Solicitor General KM Natraj told the bench "The only issue is a discipline in an institution, and they don't want to follow it. They cannot violate the school uniform code in the garb of religious rites being violated."
The court will resume the arguments on Wednesday (September 7) and asked all parties to prepare a synopsis of their arguments and submit it.
The Karnataka High Court had dismissed a batch of petitions filed by Muslim girls studying in pre-university colleges in Udupi seeking the right to wear hijab in classrooms.