Legal arguments over hijab row, religious freedom in the past

A single-judge bench hearing the hijab controversy case in the Karnataka High Court on Wednesday referred the matter to Chief Justice Ritu Raj Awasthi for setting up a larger bench as the matter brought up “broader issues”. While the state government has argued that “religious symbols and clothing” cannot be allowed, other state high courts have allowed students to do so in various cases.

In 2016, the Kerala High Court allowed Muslim female candidates to wear the hijab in examination centers in a case related to the dress code during the All India Pre Medical Entrance Test (AIPMT).

The Delhi High Court also passed similar orders in 2018, where a division bench directed the CBSE to allow a Sikh candidate wearing a kara and a kirpan to enter the NEET exam hall, even though the dress code did not specify any metal. object is banned.

In 2002, the Bombay High Court also took up a case relating to the banning of the hijab as part of a school dress code. The court held in 2002 in the Fatima Hussain Syed case that wearing the hijab was a part of the essential practice of Islam as cited in various verses of the Quran. However, the court dismissed the case as the girl was studying in a girls’ school.