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Synopsis

A Bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia, on Thursday, dismissed a petition by a Sikh woman, also challenging the impugned order of 5-02-2022 of the Karnataka Government.

The bench was of the opinion that the case of the petitioner was not in parity with the present case at hand. However, granted liberty to seek any remedy appropriate in law. 

The Court was hearing an ongoing matter, Aishat Shifa vs State of Karnataka (the hijab matter). Also, hearing has been concluded in the matter and the Bench has reserved its judgment.

Senior Advocate Salman Khurshid, while appearing in the hijab matter before the Court, mentioned the case of the petitioner. It was stated that the petitioner is also aggrieved by the order of the government, and may face the same fate as girls with hijabs. He asked the Court to consider the matter in the same light, and bring gender justice.

Background

The petition was moved before the Supreme Court challenging the Karnataka High Court order in the Hijab row stating that associating scarf/hijab with Muslims only is actually an insult to the centuries-old tradition and practice of covering our heads in India which dates back to even before the commencement of Islam.

The petition was filed by Charanjeet Kaur which stated that " the girl students and female teachers used to cover their heads with scarf/hijab since decades unknown; and, covering heads by the female of our society is a vital tradition and practice in our subcontinent since centuries unknown."

"This tradition and practice is given equal respect and acceptance by each and every person of the society including our lawmakers, executive and judiciary," the plea added.

The plea further alleged that "to encash that opportunity by associating scarf/hijab with the Muslims only and thereafter by banning it, the political government of Karnataka wanted to take milage by pleasing religious majority of the State, and in furtherance to it gave fuel to make it a controversy by allowing political leaders and their followers to openly agitate against those girl students who had chosen to observe this tradition and practice of covering their heads by scarf/hijab, and even distributed saffron shawls to the male students to be wore in their school to criticize scarf/hijab."

The plea read that apart from being a custom, the scarf/hijab has its own health and medical benefits like safety from dust and infectious viruses.

"The politically elected Government of Karnataka is bluntly slandering our centuries-old tradition and practice of covering heads by scarf/hijab, and further the choice of the women to protect their modesty by covering heads by scarf/hijab, and further invading the private space of women by snatching scarf/hijab from their heads," the plea had alleged.

 

CASE TITLE: Charanjeet Kaur vs. Union of India