No urgent hearing on Hijab ban, SC set to hear plea after Holi
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New Delhi: The Supreme Court has rejected a plea seeking urgent hearing of appeals against hijab ban in educational institutions upheld by the Karnataka High Court. The court told Senior Advocate Sanjay Hegde, who represented the petitioners, that the court will hear the plea after the Holi recess.
The students who petitioned against the hijab ban in the Karnataka High Court moved the Supreme Court challenging the HC verdict.
Students made the argument before the SC that the Karnataka High Court had failed to recognise that their right to wear a hijab falls under the expression of and is thus protected under, Article 19(1)(a) of the Constitution.
They defended the right to wear hijab also citing the Article 25 of the Constitution, which protects the right to conscience - an individual right - and that the 'Essential Religious Practices Test' ought not to have been applied by the High Court.
The High Court on Tuesday pronounced a verdict favouring the hijab ban in educational institutions, claiming the same is not an essential practice in Islam and freedom of religion under Article 25 of the Constitution is subject to reasonable restrictions.
Different Muslim organisations expressed their strong objections to the verdict which they called state's intrusion into the religious practices when it comes to deciding what is essential in religion, and vowed to continue the legal fight.
Meanwhile, hailing the verdict, the BJP leaders said the verdict should be seen as an empowerment of women instead of politicising the issue.
