Whether a student can exercise her religious right to wear a hijab in a school where one is supposed to adhere to a dress code - a question framed by the SC

Bench: Justices Hemant Gupta and Sudhanshu Dhulia 

The Supreme Court asked whether a student can exercise her private religious right to wear a hijab in a school where one is supposed to adhere to a dress code. The Bench formulated the substantial question on a batch of petitions filed by students from Karnataka who were prohibited to enter their classes for wearing hijab. The students challenged a Karnataka High Court decision which held that wearing a hijab is not an essential practice of Islam.

Justice Gupta stated orally that the practice may be essential or not, but the question is whether you can practice it in a government institution since the Preamble of the Constitution states we are a secular nation.

Senior advocate Rajeev Dhawan, appearing for one of the students, argued that they do not want to defy the dress code. They just want to wear a hijab in addition to their uniform. He further said the restriction on hijab advances to private institutions also. "I have seen in the courts, judges wearing tilak and insignia of Vaishnavism….Moreover, I've seen portraits of judges wearing pagdi"

Justice Gupta responded by saying, "Wearing a pagdi was usual in royal States…". 

Advocate Sanjay Hegde, appearing for other students, argued that is it possible for the uniform to be worn in a manner consistent with one's morality and belief. "Can a government ban students from their classrooms, which is like capital punishment for students, just because they are extra dressed?" "Can you refuse them education on the ground of being overdressed?

Mr. Dhawan said the Indian Supreme Court's decision would be of immeasurable importance. The hijab is a global issue that affects many countries and civilizations.

It was suggested by petitioners' lawyers that the petitions be referred to a Constitution Bench.

According to the Additional Solicitor General, the issue is "simple" and involves "discipline". What is the violation of discipline if a girl child wears a hijab?” Justice Dhulia asked.

According to the Advocate General for Karnataka, the State left it up to individual institutions to decide their dress codes. It simply advised students to adhere to their respective institution's dress code. In government colleges, the dress code is determined by the college development committees, which consist of government officials and representatives from parents, teachers, and students.

The petitioners argued that they sought the Karnataka High Court's protection of their fundamental rights and the quashing of an order directing college development committees to prescribe uniforms.

They termed the State's order as a “ridiculing attack,” Muslim students wearing hijab are being attacked by the State under the guise of attaining secularity and equality.

The bench adjourned the case to Wednesday at 2 p.m.