New Delhi: Wearing a hijab in the street does not offend public order but can schools not intervene to maintain public order if a student wears it to school, the Supreme Court asked on September 8, 2022.
Hearing the petitions challenging the Karnataka High Court judgement upholding the ban on hijab in educational institutes, a five-judge bench of the apex court on Thursday said that there is no comparison between Kirpan and turbans of Sikhs with the hijab.
During the hearing, advocate Devadatt Kamat, appearing for petitioners, said: “The argument of the State is I wear hijab, other students will wear orange shawl. Wearing of orange shawl is not a genuine religious belief. It is a belligerent display of religion, that if you wear this, I will wear this”.
“Article 25 only protects innocent bonafide practice of religion. Wearing a namam, yes, wearing a hijab, yes. Wearing of orange shawl is not a bonafide practice,” Kamat said. He referred to the Karnataka government’s order of February 5, 2022, by which it had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges and claimed it is targeting only one community.
On Wednesday, the apex court asked whether right to dress will also mean right to undress after a submission was made in the Karnataka Hijab case that right to freedom of expression under Article 19 of the Constitution includes choice of dress.