The Supreme Court of India has ruled that the headscarf is not a neutral uniform for public schools

REPUBLIKA.CO.ID, NEW DELHI – Supreme Court Justice Hemant Gupta on Thursday (10/13/2022) ruled that female students cannot wear headscarves in public schools. The Supreme Court stressed that Muslim girls must follow school disciplinary rules in terms of uniforms.

reported from Daily Tactics On Monday (10/17/2022), Hakim Gupta dismissed comparisons with Sikh religious students wearing the kirpan, saying the significant religious practice of Sikhism cannot be used as a basis for Muslims to wear the hijab.

Panel of Judges Hemant Gupta and Sudhanshu Dhulia issued separate rulings on Karnataka’s hijab ban line and referred the case to the Chief Justice of the Supreme Court India for the constitution of the right opportunity to consider controversial issues.

In his 140-page assessment, Judge Gupta said public schools were open to admission regardless of religion, race, caste, language or anything else.

“Even the law (Karnataka Education Act-1983) states that students will be admitted without any restriction on such grounds. However, students are required to follow school discipline in terms of uniforms. ‘being in a school that violates the uniform mandate prescribed by statutes and rules,’ Judge Gupta said.

He said that the Karnataka government does not prevent students from attending classes and that if they choose to leave the school due to a predetermined uniform issue, it is a voluntary act. and the state could not be accused of violating Article 29 (Protection of minority interests).

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“This is not a denial of rights by the state, but a voluntary student action. Thus, it does not mean a denial of the right to education if a student, by choice, does not attend this school. A student cannot therefore claim the right to wear the headscarf in full secular schools,” he said, quoted by Siasat, Tuesday (17/10/2022).

Judge Gupta answered the question of whether wearing the headscarf is an important religious practice in Islam and whether a student can apply for the right to wear it in secular schools.