NEW DELHI: The Supreme Court on Monday questioned the argument that wearing hijab is a part of essential religious practice, asking even if it is assumed so, can it be taken to the educational institutions where a particular dress or uniform is prescribed.
"You may have a religious right and can you take that right within an educational institution where an uniform is prescribed. You may be entitled to wear the hijab or scarf, can you carry the right within an educational institution which prescribes uniform. They are not denying right to education what they are saying as the State is you have to come in the uniform," a bench of Justices Hemant Gupta and Sudhanshu Dhulia said.
The court was hearing arguments on behalf of senior advocate Sanjay Hegde, appearing for some of Muslim students, on a batch of petitions challenging the validity of the Karnataka High Court's March 15 order which upheld the validity of state government's order allowing the Colleges to prescribe dress code in Pre University colleges.
The Karnataka government led by Advocate General Prabhuling K Navadgi contended that the state government has issued "innocuous" order allowing the educational institutions to prescribe their dress code.
"We have left it to the institution concerned. The government purposefully left it to the college development council. Some colleges decided not to prohibit wearing Hijab in Udupi itself," he said.
The court then asked if minority institutions including of Christian colleges were allowed to prescribe their own uniform and if they allowed wearing Hijab.
To this, Navadgi said, he can find out but to his knowledge, at least, two colleges in Udupi allowed Hijab.
The controversy over wearing Hijab in Karnataka colleges started from Udupi after the college authorities disallowed Muslim students from wearing head scarf inside the classrooms.
Additional Solicitor General K M Nataraj, also appearing for Karnataka, contended that discipline in colleges was only the issue, but they (the petitioners) were unnecessarily expanding it. "Someone under the guise of religious practices wanted to violate it (discipline), he said.
Giving background of the case, Hegde, in his arguments, attempted to link wearing Hijab with modesty and dignity of girls.
"Most girls colleges prescribed to wear Salwar Kameez and Dupatta.
Can you ask grown woman that you cannot wear a chunni on your head, say in Patiala? Can you control modesty of woman," Hegde asked.
"Every public place has a dress code. Lets take for example a golf course? Can a person say I won't follow dress code but still have access," the bench asked.
On this, Hegde said Gold course is a private property but bench retorted that it was not so always.
The counsel further said under the rule making power of the Karnataka Education Act, the executive cannot violate the fundamental rights.
"Does lack of prescription of dress code can anyone wear Midies, Minies.. anything? You are saying Act doesn’t prescribe dress code and does not debar prescription either. Does it exclude State then," the bench further asked.
The arguments would continue at 2 pm on Wednesday.
