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Hijab row: All India Muslim Personal Law Board moves Supreme Court against Karnataka HC verdict

harrywan 3 years ago 3 min read

The Indian Muslim Personal Law Council has transferred the Supreme Court to challenge March 15 in the Karnataka High Court to enforce a ban on headscarves in educational institutions, stating that “seizing the constitutional rights of Muslim girls to practice hijab with uniform schools” and “limiting freedom Religion and constitutional rights of Muslim women “.

“Land reality is that the applicant is forced to remove their headscarves to take advantage of education rights, with self-esteem and dignity costs”, said the petition submitted by the council and two “practicing Muslim women” – Munisa Bushra Abedi and Jaleesa Sultana Yaseen – “Who wears headscarves in public spaces in carrying out their constitutional rights “.

The request said that the dispute was raised by the applicant before the High Court “is that they must be allowed to wear a hijab / headscarf with the same uniform color so they can remain consistent with the fundamental rights of the liver and expression … whether the applicant is entitled, on the doctrine of proportionality and as a problem Reasonable accommodation for wearing a headscarf “.

But the High Court, added, framed “truly wrong questions that have transferred themselves from the real problems arising from previous records” with the results that “discussions about various constitutional principles have resulted in conceptual overlaps that cause indirect discrimination “.

The core question raised before the High Court is that while determining the applicant’s claim confirms the fundamental rights of conscience based on article 25 (1) constitution, there is no need for them to justify the same thing as their statement is part of an important religious practice, he said.

The High Court also “put too much emphasis on propositions that resulted in discrimination, exceptions, and the overall student seizure of the mainstream general education system apart from that reality seriously violating individual sacred religious beliefs”, the petition argues.

This is also a “direct discrimination case against Muslim girls” and “also ignores the doctrine of reasonable accommodation”, the request obtained. It was said that the problem decided by the High Court “broadly had an impact on the socio-religious ethos of the Muslim community” and “has opened a lot of doors of disorders with religious freedom that is guaranteed under the constitution”.

The request argues that the assessment of the High Court “presents the wrong understanding of Islamic texts, especially the main and highest source of Islamic law I.E, the Koran”. It added that “as far as the interpretation of the scriptures in the Koran in question there is a consensus among religious scholars from all schools of thought, namely, Hanafi, Maliki, Shafai and Hamblai that the practice of headscarves (required), a ‘mandatory’ (required), a A series of obligations, which if not followed, he will do a “sin” or become a “sinner”. must have been saved in the “first level” compliance “.

On March 15, the full bench from the Karnataka High Court rejected a number of petitions submitted by Muslim girls studying in pre-university colleges in Udupi looking for the right to wear headscarves in the classroom. The court ruled that wearing a veil “did not form an important religious practice in Islamic faith” and religious freedom based on Article 25 of the constitution was subject to reasonable restrictions.