The All India Muslim Personal Law Board has moved the Supreme Court against the Karnataka High Court’s order which upheld the ban on hijab in the educational institutions of the state, ANI reported on Monday.
The non-profit organisation has filed a special leave petition in the Supreme Court through its secretary, Mohammad Fazlurrahim along with two other petitioners, Live Law reported.
On March 15, the Karnataka High Court had ruled that hijab is not essential to Islam, and that “wearing the headscarves can lead to social-separateness” in classrooms.
The non-profit organisation and the petitioners called the High Court’s verdict “erroneous” for its failure to understand the Islamic texts, reported ANI. “In its impugned judgement, the High Court of Karnataka curtails religious freedom and constitutional rights of Muslim women,” the board mentioned.
The board also explained the scriptures in the Quran that mandate hijab, ANI reported. “There is a consensus amongst religious scholars of all schools of thought that practice of hijab is wajib [mandatory], a set of obligations, which if not followed, he or she will commit sin or become a sinner.”
The board further said that the High Court order was discriminatory to Muslim girls in particular whose “right to education is denied”.
The non-profit organisation in its petition also said that the Karnataka government’s ban on hijab is “partisan”, ANI reported. “The government order is on the face of it blatantly partisan and communal in colour appeasing to hecklers demand,” it said.
The hijab ban case
In December, a group of Muslim girl students of the Government Women’s Pre-University College in Udupi city were not allowed to attend classes for being dressed in hijab. The students staged a protest and similar demonstrations were held in other parts of the state too.
On February 5, the Karnataka government passed an order banning clothes that “disturb equality, integrity and public order”. The students moved the High Court against the ban.
Appeals were filed in the Supreme Court against the high court order. On Thursday, it refused urgent hearings in the case.