New Delhi: The All India Muslim Personal Law Board (AIMPLB) has filed a special leave petition in the Supreme Court against the Karnataka High Court’s judgment which upheld the ban on hijab in classrooms.
Karnataka HC upheld the ban holding that the wearing of headscarves by Muslim women was not an essential religious practice.
The AIMPLB submitted the plea along with two other petitioners namely, Munisa Bushra and Jaleesa Sultana Yaseen saying that the high court judgment, while dismissing the petitions, has proceeded with erroneous reasons to address the issue.
The plea said: “It is a case of direct discrimination against Muslim girls. The High Court has created distinction between the principles laid down in the case of Bijoe Emmanuel by giving different contextual meaning (as a case of discipline) and on the other hand the practice of hijab, is reflected as if it was a case disturbing the entire uniform that too when this minor variation (of covering the head like the Sikh’s do) can be reasonably accommodated within the constitutional norm being part religious practices.” IANS reported.
Contending that laying too much emphasis on bringing “uniformity” in the uniform without accommodating a person of one religion ‘to cover her hair with a piece of cloth’ is travesty of justice, the plea claimed that the judgment also ignores the doctrine of reasonable accommodation.
Another plea was filed earlier challenging the Karnataka High Court order but on March 24, the Supreme Court declined to give any specific date to hear the plea.
Another plea filed through advocate Adeel Ahmed and Rahamathullah Kothwal said: “The impugned order is also in sheer violation of the Article 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the core principles of the International Conventions that India is a signatory to.”
