Hijab Case: Plea Moved in SC Challenging Karnataka HC's Order Upholding Ban

The high court's order had dismissed the pleas challenging the ban on wearing of hijab in educational institutes.

A plea has been moved in the Supreme Court challenging the Karnataka High Court's order of Tuesday, 15 March, which dismissed the various pleas challenging the ban on wearing of hijab in educational institutes.

(Photo: Altered by The Quint/Chetan Bhakuni)

A plea has been moved in the Supreme Court challenging the Karnataka High Court's order of Tuesday, 15 March, which dismissed the various pleas challenging the ban on wearing of hijab in educational institutes.

A student named Niba Naaz filed the plea through advocate Anas Tanwir.

One of the primary arguments made in the plea was:

"The High Court has failed to note that the right to wear a Hijab is protected as a part of the right to conscience under Article 25 of the Constitution. It is submitted that since the right to conscience is essentially an individual right, the 'Essential Religious Practices Test' ought not to have been applied by the Hon'ble High Court in this instant case," Live Law reported.

This comes after the Karnataka High Court upheld the ban on Muslim girls wearing a hijab with the uniform in schools and colleges on Tuesday.

Dismissing the writ petitions filed by Muslim girl students seeking permission to wear hijabs in colleges, the court said that the garment was not part of 'Essential Religious Practice' and that no compelling case was made out for invalidating the government order against it.

(With inputs from Live Law.)