Hijab Ban-Petitioners Before HC Moves Supreme Court Challenging Karnataka HC's Interim Order Disallowing Religious Dress In Colleges During Pendency Of Cases

Update: 2022-02-11 04:55 GMT
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Girls students practicing the Islamic faith, who were the original petitioners before the High Court, have approached Supreme Court assailing Karnataka High Court's interim order dated February 10, 2022.It has been stated in the SLP that the petitioners have been constrained to move the Top Court in grave urgency craving indulgence of the Supreme Court for protection of their fundamental...

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Girls students practicing the Islamic faith, who were the original petitioners before the High Court, have approached Supreme Court assailing Karnataka High Court's interim order dated February 10, 2022.

It has been stated in the SLP that the petitioners have been constrained to move the Top Court in grave urgency craving indulgence of the Supreme Court for protection of their fundamental rights guaranteed under Article 14,19, 21, 25, and 29 of the Constitution.
The High Court in the impugned order had directed that the students should not display their religious identity while attending schools and Colleges while it continues to hear the matter.
Preferred by Miss Aishat Shifa and Miss Tharini Begum the petitioners have submitted that the impugned order amounts to a virtual suspension of Article 25 in so far as the Petitioners are concerned.

"the Petitioners herein are students of the Government PU College pursuing Second Year Pre-University Course have been prevented from attending school since one week. They have already missed out on their classes. It is pertinent to note that their exams are scheduled in the month of March.Prima facie case for grant of interim relief has been made out in as much as the Petitioners ought not to be denuded from acquiring education at the cost of their conscience, belief and faith", states the petition.

"Order of the High Court apart from being completely constitutionally infirm in so far as the Petitioners are concerned, the same will also impinge on the fundamental freedoms of other communities like Sikhs who are entitled to wear their religious/sacred attire like turban kirpan etc," the plea also states.
The petitioners have raised the following questions.

a. Whether the effect of an interim order passed by a constitutional court can be the suspension of fundamental rights of citizens, guaranteed under Article 15, 19, 21, 25 of the Constitution?

b. Whether when hijab is an essential and integral facet of the belief and faith of the Petitioners herein, the Hon'ble High Court may direct the Petitioners to give up their faith in order to attend an educational institution?

The petition has been settled by Senior Advocate Devdatt Kamat and filed by AOR Nishant Patel 

Case Title: Miss Aishat Shifa & Anr v The State of Karnataka &


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