Youth Congress Leader BV Srinivas Moves Supreme Court To Recognize Right Of Muslim Girls & Women To Wear Hijab Out Of Their Own Choice As A Fundamental Right

Youth Congress president B V Srinivas and a journalism student have moved the Supreme Court seeking to recognize the right to Muslim girls and women to wear a hijab out of their own choice as a fundamental right.

The plea also prays that the States must ensure that no girls are prevented from education and are not threatened in the name of religion or are not differentiated and discriminated merely because of wearing a Hijab.

Raising the issue of the fundamental & constitutional right to freely practice religion under Article 25 of the Constitution, the plea refers to the recent order issued by the Karnataka Government denying entry to Muslim Women wearing Hijab in the educational institutions. In this backdrop, the plea reads:

"Incidents have happened in Karnataka wherein young Muslim girls have been prohibited from entering classrooms due to wearing of Hijab. It's spreading across India. In Puducherry also, a young girl was stopped. In M.P. also, the State Government is talking about bringing an order like Karnataka Govt. brought out on 5.2.22, but has back tracked for now. The other issues are Right of Protection of Life & Personal Liberty, Right to education & Right to equality."

Furthermore, stating that young girls are being heckled, threatened and intimidated merely for practicing & following their religious principles, the plea avers that educational institutions must not be made the "centre of religious bigotry and violence in the name of religion."

"The Muslim girls & women must be given right to choose & right to wear a "Hijab" if they choose so, as their fundamental right. It is the solemn right of Muslim girls & women to wear a Hijab out of their own choice & the same ought to be recognized a fundamental right under Part III of the Constitution," the plea adds.

Yesterday, a Full Bench of the Karnataka High Court made certain interim observations directing no religious dress in colleges during pendency of the case challenging the Hijab Ban. The Court observed that it will issue an order in this regard while adjourning the hearing to Monday.

The High Court was hearing the petitions filed by Muslim students challenging Hijab Ban in colleges.

A plea has however been filed in the Supreme Court challenging the said interim observations. The petitioner has produced tweets from Live Law to refer to the observations made by the Chief Justice of Karnataka High Court.

"We will direct that the institutions shall start. But till the matter is pending consideration before the Court, these students and all stakeholders, they shall not insist on wearing religious garments, may be headdress or saffron shawl. We will restrain everyone. Because we want peace and tranquility in State. We are seized with the matter. We can continue the matter on day to day basis", Chief Justice Ritu Raj Awasthi, who was presiding the 3-judge bench, had observed.