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Hijab row | Petitions filed by students in limbo in Supreme Court

The appeals filed in the Supreme Court challenging Karnataka High Court’s conclusion that wearing hijab is not an essential practice in Islam has been in limbo for several months.

The petitions, filed mostly by affected girl students, raised the question whether the State could interfere if a student wore a hijab to college without causing any harm to others and under the firm belief that it was a part of her religious observance and practice.

The students also brought to the fore the issue whether a woman’s dignity and the right to access to education should suffer because her dress code could not be accommodated by the authorities of an educational institution.

The Supreme Court in the S. R. Bommai case of 1994 had observed that “religious freedom is the hallmark of pluralism and inclusiveness”. The Constituent Assembly debates note how the establishment of a secular State was an act of faith, the onus on the majority community to show that they could behave towards others in a generous, fair and just way.

The case was repeatedly mentioned in court during March and April for urgent hearing. The court had assured that they would be listed. However, the appeals remain to be heard.

This, despite the fact that in February, the Supreme Court had assured the students protection of their constitutional rights and intervention at an “appropriate time”.