SC adjourns hearing on Hijab pleas till 7 September

New Delhi: After intense arguments, the Supreme Court on Monday adjourned to 7 September the hearing on various pleas against Karnataka High Court’s judgment upholding the ban on Hijab in educational institutions .

Supreme Court adjourns for Wednesday, September 7th, the hearing on various pleas against Karnataka High Court’s judgement upholding the ban on Hijab in educational institutions. https://t.co/SV7vYDXODu

— ANI (@ANI) September 5, 2022

A bench, comprising Justices Hemant Gupta and Sudhanshu Dhulia, is hearing the batch of petitions against the HC order.

The court while adjourning the hearing said it has a constitution bench on Tuesday, and the Hijab matter can be heard in continuance on Wednesday.

Earlier during the arguments, senior advocates Sanjay Hegde and Rajiv Dhawan, the counsels representing the Hijab girls, asked the court if someone can be excluded because the uniform code is not right. If under the rules, can you bar someone for wearing a particular kind of dress?

In response, the the court told the lawyers that  if there is no prescription then the executive power of the state comes in.

Hegde argued how women education in the country was something of great importance and also went on to say that women are vulnerable sections of the society and out of them these girl students are more vulnerable. In such a case, can access to education be made conditional? Hegde argued that imposing such a dress conditions was not right.

A very specific question was put to Hegde by Justice Hemant Gupta, in a golf course there is a certain code of conduct, won’t you follow that?

Hegde responded by saying that it’s a private property. However, the court was quick to correct him by saying that the golf course is a public property.

The bunch of petitions challenging the Hijab ban started when the girls were stopped from entering classrooms for wearing Hijab and their exams were round the corner. Most of the girls skipped the exams as they were not allowed to wear Hijab in school premises.

Earlier on 29 August, the top court had issued a notice on the same.

The bench had also taken a stern view of the petitioners’ request for adjournment of the matter, stating: “We will not permit forum shopping. You wanted urgent listing and now you want hearing adjourned. We will not allow this.”

One of the counsels for the petitioners, however, told the court that “(other) counsels are coming from across India… some are in Karnataka.”

With inputs from agencies

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