Right To Dress Will Include Right To Undress?: Supreme Court On Karnataka Hijab Ban

The Supreme Court has resumed hearing the batch of appeals challenging the Karnataka High Court verdict that holds up the ban on wearing hijabs in government schools and colleges.

The bench comprising of Justice Hemant Gupta and Justice Sudhanshu Dhulia will hear the petitions challenging the hijab ban upheld by the Karnataka High Court.

During the second hearing, Senior Advocate Devadatt Kamat was appearing for Ayishat Shifa, the petitioner. He stated that the petitioner was not opposed to wearing the uniform and would prefer to wear the uniform with the headscarf. Justice Gupta responded, “You can’t take it to illogical ends. Right to dress will include right to undress also?”

Kamat responded by saying, “Nobody is undressing in a school. Question is wearing of this additional dress as part of Article 19, can it be restricted.”

Supreme Court On Karnataka Hijab Ban

In the previous hearing, Justice Gupta had asked if girls could be permitted to come to school in “middies, minis, skirts” as per their choice. He had also remarked that the pagdi was not equivalent to a hijab and that the two could not be compared.

Kamat said the case was not challenging the prescription of the uniform. He said the question was whether the state failed to provide reasonable accommodation for the exercise of student citizens under Article 19, which provides citizens with the right to freedom of expression, which includes the freedom to dress.

Kamat pointed to a female lawyer that was wearing a hijab in the courtroom and asked whether she was violating the decorum of this courtroom. He added that prior to the hearing, he had taken the lawyer’s permission to use her as an example.

During the second hearing, Kamat made his argument for the case that barring entry in school for students wearing a hijab violated Article 19. He then said wearing a hijab to school did not violate Article 25, which gives citizens the freedom of conscience and free profession, practice, and propagation of religion.

The Supreme Court will continue to hear the matter tomorrow at 11:30 AM.

Suggested Reading: Karnataka Hijab Row: Supreme Court Issues Notice To State Seeking Answers On Petitions