SC remarks that rules say educational institutes have power to prescribe uniform
Sep 15, 2022
New Delhi [India], September 15 : The Supreme Court on Tuesday remarked that the rules say the educational institutes have the power to prescribe uniforms.
The remark came from a bench of Justices Hemant Gupta and Sudhanshu Dhulia, which was hearing various pleas against Karnataka HC's judgement upholding the ban on Hijab in educational institutes.
The court remarked a petitioner's lawyer argues that a private club can have a dress code but not a public educational institution cannot.
The lawyer also submitted that the school cannot restrict entry for not wearing a dress.
Justice Gupta asked is it your submission that govt schools cannot have a uniform.
The lawyer replied that even if the educational institutes can, they can't restrict the hijab.
Justice Dhulia remarked that the rules say the educational institutes have the power to prescribe uniforms. Hijab is different, the judge further remarked.
The hearing in the matter will be continued on Monday (September 19).
The arguments that went on for more than four hours have witnessed many noted lawyers arguing on behalf of various petitioners.
Senior Advocates Kapil Sibal, Meenakshi Arora, Jayna Kothari, AM Dar were among the known lawyers who had made their submissions on behalf of the petitioners before the top court.
Senior Advocate Dushyant Dave said that the matter requires serious attention and has to be referred to a larger bench. Senior Advocate Dave will argue on the behalf of the petitioner on next Monday.
Senior Advocate Sibal pointed out that the hijab is also a cultural right protected under Article 29 and the consequence of depriving young girls is depriving them of fundamental rights of access to education, privacy, and dignity.
Senior Advocate Sibal also raised questions that how is it detrimental to public order, if Muslim girls wear hijab.
Justice Dhulia observed that the govt restricted it after some other students started wearing shawls and all.
Senior Advocate Jayna Kothari said that it is not a case where all girls are discriminated or all Muslims are discriminated against, but it is specifically affecting Muslim girls.
Senior Advocate AM Dar questioned the Karnataka High Court order and says what Karnataka HC held was wrong.
As the hearing remained inconclusive today, the matter will continue to be heard on next Monday, September 19.
