Essential Religious Practices Of Followers Of Sikh Faith Cannot Be Made Basis Of Wearing Of Hijab/Headscarf By Believers Of Islamic Faith : Justice Hemant Gupta

The essential religious practices of the followers of Sikh faith cannot be made basis of wearing of hijab/headscarf by the believers of Islamic faith, Justice Hemant Gupta observed in his judgment in the Karnataka Hijab Ban Case.

Before the Apex Court bench, it was argued that since Kirpan is allowed in terms of Explanation I to Article 25 of the Constitution of India, therefore, the students who want to wear headscarf should be equally protected as in the case of the followers of the Sikh students. They also relied on a judgment of Full Bench of the Punjab & Haryana High Court in Gurleen Kaur & Ors. v. State of Punjab & Ors. that held that the essential religious practice of the followers of Sikh faith includes retaining hair unshorn, which is one of the most important and fundamental tenets of the Sikh religion.

The judge noted that no appeal has been filed against the above judgment of the Full Bench and therefore it is final as on today.

"The issue in the present appeals is not the essential religious practices of the people following Sikh faith. It would not be proper to discuss the essential religious practices of the followers of the said faith without hearing them..The practices of each of the faith have to be examined on the basis of the tenets of that religion alone. The essential religious practices of the followers of Sikh faith cannot be made basis of wearing of hijab/headscarf by the believers of Islamic faith."

The judge also observed that religious belief cannot be carried to a secular school maintained out of State funds. 

"It is open to the students to carry their faith in a school which permits them to wear Hijab or any other mark, may be tilak, which can be identified to a person holding a particular religious belief but the State is within its jurisdiction to direct that the apparent symbols of religious beliefs cannot be carried to school maintained by the State from the State funds", he added.

In Gurleen Kaur & Ors. v. State of Punjab, the P&H High Court had observed thus:

"If the Constitution of India itself recognizes wearing and carrying of "kirpans" as a part of the profession of the Sikh religion, we have no hesitation, whatsoever, to conclude that wearing hair unshorn must essentially be accepted as a fundamental requirement in the profession of the Sikh religion. For the present controversy, we hereby, accordingly, hold that retaining hair unshorn is one of the most important and fundamental tenets of the Sikh religion. In fact, it is undoubtedly a part of the religious consciousness of the Sikh faith."