New Delhi: Fathima Bushra, one of the petitioners in the Hijab row case being heard by Karnataka HC, filed a petition for the case to be heard by the Supreme Court, but the top court rejected it saying it is "too early to interfere".
Fathima Bushra, a student of Gov PU College in Kundapura of Udupi district in Karnataka moved the Supreme Court and stated that she is not allowed entry into the college because of her Hijab. Her petition was mentioned by Senior Advocate Kapil Sibal before the CJI led bench today.
The Supreme Court bench led by Chief Justice of India NV Ramana said that Hijab row in Karnataka should be dealt with by the High Court first and it is too early for the SC to intervene in the matter.
"Let the High Court examine the issue. We know that a three judge bench is scheduled to hear the case today. Give them at least a day's time. It is too early for us to interfere," said the court.
The SC bench, which also comprised of Justice AS Bopanna and Justice Hima Kohli, said that they are not commenting on the merits of the case right now and just want the HC to hear it first.
Bushra had sought directions declaring the state government's direction of 5th February, 2022, regarding dress code as illegal and ultra vires of Articles 14,19(1)(a), 21,25 and 29 of the Constitution as well as against the Karnataka Education Act,1983. She also sought directions to allow her to attend classes in the college.
Watch | Hijab Row: An Explainer
"It is unfortunate that in the mayhem surrounding the debate around the right of a Muslim girl to wear Hijab to school/college, the most crucial thing that is being lost sight of and conveniently so by the state government is the hooliganism and heckling of Muslim girl students by right wing fringe elements of the society who in the recent past have been leaving no stone unturned to impose a majoritarian and supermacist intimidation of the Muslim minority in the country," said Bushra.
"The present incident and the impugned G.O. are the latest in a long line of events that has threatened the secular fabric of society and polity, a number of which are sub-judice before this honorable court and other courts in the country. These events include the Citizenship (Amendment) Act 2019 which provides different rules for acquiring citizenship based on religion and specifically excludes Muslims, incidents of violence and riots targeting those protesting against the said CAA act, virulent protest against the Muslims, who on account of lack of adequate mosque in the city of gurugram, were offering prayers/Namaz in open areas duly demarcated by the government /authorities for this purpose, incidents of cow vigilantism, laws effectively prohibiting religious conversion and blatant calls for economic boycott and even genocide against the Muslims of the country in events self-styled as Dharam Sansad. All the said unchecked actions have resulted in the present situation when a thing as innocuous as a piece of cloth which is used by Muslim girl to wrap around her head on account of a religious conviction in being sought to be proved portrayed as causing public disorder by the right-wing saffron clad Hooligans who have made it miserable for the Muslim girls to come out of their homes and attend schools/ colleges are roaming around free since the state machinery is least bothered to act against them," read the petition.
Fathima had submitted that wearing a hijab has to receive the protection of Article 25 on account of it being an essential religious practice, an old practice amongst Muslim women, which has become a part and parcel of Muslim culture and has thereby acquired the status of a cultural right under Article 29(1).
The petition further stated that this situation shows what a Muslim girl has to face when the state machinery reneges on its obligation to create a conducive environment for exercise of fundamental rights which culminated in the denial and exclusion of Muslim girls from even enjoying the basic right slash freedom to acquire education apart from the violation of various other fundamental rights.
READ: Karnataka bans gatherings, protests near colleges, schools for two weeks amid Hijab-Saffron row
