Supreme Court said turban cannot be compared with hijab

Hearing the hijab controversy, the Supreme Court on Monday said that turban is not equivalent to hijab, it is not religious. It cannot be compared with hijab. A bench of Justices Hemant Gupta and Sudhanshu Dhulia was hearing 23 petitions filed against the Karnataka High Court’s decision in the hijab case. Of. The Karnataka High Court in its March 15 judgment had upheld the ban on Muslim girl students from wearing the hijab in schools and colleges in the state.

Rajeev Dhavan, appearing for the petitioners, said that there was a judge in the Supreme Court who used to wear a tilak and a turban. There is a picture in Court No. 2 in which the judge is shown wearing a turban. The question is whether women should follow the dress code that the government has decided. And is hijab an exclusive religious practice of Islam. The power to prescribe uniforms was not given to the government and if a person wears an extra thing on the uniform then it will not be a violation of the uniform. On this, Justice Hemant Gupta said that turban is not equal to hijab, it is not religious, it cannot be compared with hijab. It was worn in the royal kingdoms, my grandfather used to wear it while practicing law. Don’t compare it to the hijab. Whether or not wearing scarves may be a necessary practice, the question may be whether the government can regulate women’s dress codes.

Is there a right to practice religion in school?
It was argued on behalf of the petitioners that the hijab ban may deprive women of education. To this the bench said that the state is not saying that it is denying any right. The state is asking that you come in the dress which is prescribed for the students. Anyone has the right to practice religion, but the question is whether this right can apply even in a school with a prescribed uniform. Can a student wear a hijab in a school where there is a prescribed dress?

Additional Solicitor General (ASG) KM Nataraj said the issue is very limited and it pertains to discipline in educational institutions. On this, the court also questioned him, if a girl wears a hijab, then how is there a violation of discipline in the school. To this the ASG said, “In the guise of my religious practice or religious right, no one can say that I am entitled to do so, so I want to violate the discipline of the school.” Thereafter, the court adjourned the hearing for Wednesday.