Hijab Ban-SC asks can you practice religion in school

So much happened in the hearing of Hijab ban. A debate arise on comparison of chunni, pagdi and hijab. And the Supreme Court also asked that if Hijab is allowed then girl student can wear whatever they want in school and colleges. During the hearing, the Supreme Court sought to know how the discipline of the school is violated due to the wearing of Hijab. As when some students start protesting regarding this matter, another group of students started to wear saffron shawls which could led to communal rights. Due to this government get involved in this matter otherwise government would not interfere in this as it is the matter of education institutions.
The next hearing was scheduled to 7th September, lets see what will happen in this hearing.

    Vishakha
    Seriously I totally agree with the court. How a school uniform can affect the education of students…If the answer is yes then please explain.
    According to me, it is unnecessary to make such a big issue on the school uniform. We should think over it that what we are teaching to our kids ??

      Educational institutions are a place where we should not involve caste, religion, economic status etc.
      Although the individual’s choice of religion must be their own, the whole matter is presented in such a way that any religious dress codes are prohibited. The disagreement is truly absurd because Indian secularism is all about allowing religion and the state to coexist without running afoul of one another.

      Meghaadhikari
      In the recent development of the Hijab controversy case which is being heard at Supreme Court in capital city, there are many questions raised during the interesting debate amongst lawyers. As one of the lawyer stated that Article 19 of Indian Constitution reserved the Right to dress and hence Hijab wearing is no exception. But the opponent raised the counter part stating if Article 19 claims Indian citizens “Right to dress” then it carries with it the Right to undress. As the case is now in process after the plea aftermath of Karnataka high court verdict which can be read as “No ban to be lifted on wearing of Hijab in Schools.”
      More interestingly, it has now turned a constitution debate or legality of fundamentals rights amongst Article 19 and Article 25. The party which has applied the plea insists that it must be taken as fundamental right of the individual under article 19 and on the other side it involved article 25 which focuses more on religious rights.
      In my personal opinion, Schools are the falls where some students quench their thirst, some of them takes it advantage and rest of them just dwells over in it. Schools or any educational institutions must not be politicised or bring under religious umbrella if it hampers the discipline or uniformity of learners.
      Further I would like to add that I have full faith on Judiciary and I believe that the honorable Judges will definitely take it to fruitful conclusion.

        Among all the argument your’s is the best one . Hope others would take lessons from your opinion. Thanks for giving this valuable insight.

        kumarmanik

          6 days later

          Hijab Ban Becoming a Ruckus in Muslim Girls Education

          A new issue or we can say concern raised during the last SC hearing on Hijab Ban. This Hijab Ban is causing a ruckus in education of various muslim girls as some families are not allowing their daughters to go to school without wearing Hijab.

          Due to this around 17,000 students did not write their exams following the order because they were not allowed in school with hijabs.

          All these issues are causing a direct impact on muslim girl student education and somehow forcing them to go back to Madrasas.

          Whatever this case will take direction we don’t know but all these things are impacting education of students especially girl students whom we should promote in getting ahead in education.

          SC in its last hearing said that “We are not interpreters of the Quran. We cannot do it and that is the argument raised also that the courts are not equipped to interpret religious scriptures”

          This statement is being made because this Hijab Ban case is related to religious practices and SC cannot take decision on what Quran says about wearing Hijab.

          Several peoples are saying that this matter should be referred to a constitutional bench otherwise it would take a long time to resolve this matter.

          Several pleas are given that wearing hijab was not a part of the essential religious practice that can be protected under Article 25 of the Constitution.

          As we know that Article 25 of the Constitution deals with freedom of conscience and free profession, practice and propagation of religion.

          Some are saying that this religious practice should be protected under this article while some are showing disagreement with this.

          Still the debate continues on Day 7 of Karnataka Hijab Ban case. The Supreme Court stated on Monday that the key question in the Karnataka hijab case is whether the State can restrict student’ fundamental rights in classrooms.

          A debate on fundamental arises in the hearing, in which Dave who is appearing from student side said that“My fundamental right can be exercised anywhere… Whether I am in my bedroom, my classroom or whether I am before Your Lordships”.

          Dave also said that “Religious practice is not confined to a temple or a dargah, etc. It is part of one’s religious conscience… One cannot quarrel with a Muslim woman’s faith or belief to wear hijab”.

          He also quoted the Constituent Assembly debates to note that the only religion that matters before the court is the Constitution.

          What’s your view on this whole argument that whether the State can restrict student’ fundamental rights in classrooms or not?

          23 days later

          The Supreme Court will deliver its judgement today on petitions against the Karnataka High Court order refusing to suspend the state’s restriction on wearing the hijab in educational institutions.

            Ashish
            In my opinion supreme court should go with the decision of Karnataka High Court to ban the Hijab in educational institutions. Students should follow the uniform code of the institution, this will place all the students in same level.

                Sarthak
                In Hijab Row, Justice Sudhanshu Dhulia says, “ It is a matter of choice nothing more, nothing less.” He added, “ One thing which was topmost (priority) for me was education of girl child. A girl child in (many) areas does household work and chores before going to school and are we making her life any better by doing this (banning hijab).”

                I think it would be proven a right decision because education should be the priority for the girl children in place of uniform.

                    Nimisha
                    In response to the Supreme Court verdict, the Education minister of Karnataka BC Nagesh stated that we had expected a better judgement as women worldwide are demanding to not wear hijab/burqa. He further added “ Karnataka HC order remains applicable in interim time; ban on wear hijab in educational institutions in the state.”

                      Split Verdict

                      There is a split verdict among the both judges of Supreme Court.

                      Justice Hemant Gupta UPHOLDS the ban and rules hijab in not an essential religious practice.

                      Justice Sudhanshu Dhulia STRIKES DOWN ban on hijab. In his opinion Girl child education is our topmost priority.

                      Justice Hemant Gupta appeals the larger bench to look into the matter

                      In support to his verdict, Justice Sudhanshu Dhulia stated

                      Our Constitution is also a document of Trust. It is the trust the minorities have reposed upon the majority.

                      The Karnataka’s minister for School Education and Literacy B.C. Nagesh said the ban on headscarf in government schools and Pre-university colleges will continue for now.
                      In the row, the State government of Karnataka authorised the College Development Committees to impose a ban on hijab.