Students in Karnataka Are Petitioning the Supreme Court for the Right to Wear the Hijab at Public Schools

In her appearance on behalf of the students, senior attorney Meenakshi Arora urged the Supreme Court to give the case first consideration because exams are set to start on February 6.
On Monday, a group of Karnataka student girls petitioned the Supreme Court for a ruling allowing state government institutions to enable them to take exams while wearing the hijab.
In light of a split decision by two justices on the last bench in October 2022, Chief Justice of India (CJI) Dhananjaya Y Chandrachud stated he will consider forming a three-judge bench to hear the case.

“I will investigate the situation and set a date. A three-judge bench will hear this case. The CJI instructed senior attorney Meenakshi Arora, who was present on behalf of the students, to file a note to the registrar.

As a result of the state government’s continued ban on the hijab in educational institutions in Karnataka, Arora noted that the majority of female students have moved to some private colleges.

Tests, however, can only be held in public colleges; private colleges are not permitted to hold exams. We need interim orders, which is why,” Arora told the CJI while being assisted by attorney Shadan Farasat.

Given that the examinations are set to begin on February 6, she asked the court to give the matter first consideration. The CJI then stated that a three-judge bench would need to be assigned the case and that he would consider issuing appropriate administrative directives to facilitate the listing of the case.

In October 2022, the top court issued a split decision on the ban on wearing the hijab in Karnataka’s educational institutions. One judge ruled that the state government has the right to enforce school uniforms, while the other judge argued that wearing the hijab is a personal choice that cannot be restricted by the government.

In his ruling, Justice Hemant Gupta dismissed all appeals brought against the Karnataka High Court decision, which had ruled in March of last year that Muslim women are not required to wear the hijab and that the Karnataka government had the right to impose the uniform requirement.

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