Hijab: Supreme Court reserves order on petitions challenging K'taka High Court order

A two-judge bench of the apex court, headed by Justice Hemant Gupta, also comprising Justice Sudhanshu Dhulia, reserved its order after hearing from all the parties -- petitioners, Karnataka government -- for 10 days.

The Karnataka government had earlier told the Supreme Court that no one was wearing a hijab since 2004 and in 2022, a movement was started by the Popular Front of India (PFI) on social media to start wearing Hijab.

“Since 2004 no one was wearing Hijab and suddenly in December 2021, it started. In 2022, a movement was started by Popular Front of India (PFI) on social media to start wearing Hijab. It’s not a spontaneous act of some students, the students were a part of a larger conspiracy, the students were acting on instructions," the Solicitor General (SG) Tushar Mehta, senior lawyer appearing for the Karnataka government had told the Supreme Court.

Mehta said that the hijab is not an essential religious practice.

"What is the purpose of a uniform? Uniform is for uniformity and equality. When you want to cross that threshold, your test is also on a high threshold," the SG told the bench.

Mehta said that he is not criticising any community. In some countries, women are not allowed to drive. In Iran, there is a lady pilot but her husband has to drive her from the house, he added.

Mehta said that there are countries which are Constitutionally Islamic in nature, even where women are protesting against the hijab.

The High Court of Karnataka passed a judgment on March 15, this year, dismissing the petition filed by a group of Muslim girl students against the Pre University (PU) government college for denying them entry while wearing a hijab.