Wearing Hijab Is Fundamental Right Under Art. 14 & 25 Of Constitution, Educational Institutions Can't Restrict It: Student Moves Karnataka High Court

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A plea has been filed in Karnataka High Court seeking relief on account of alleged denial by the Government PU college for 8 girl students who wore hijab. 

According to the petition filed on behalf of the student Resham Farooq, through her brother, by advocates Shathabish Shivanna, Arnav A Bagalwadi & Abhishek Janardhan, allegedly the Government PU college for girls, Udupi district, denied entry to 8 students who practice and profess the Islamic faith. The petitioner allege that they were “denied fundamental right to education because they wore hijab”.

The petitioners allege that “wearing of hijab is part of the essential religious practice in the Islamic faith. It is a fundamental right that ought to be protected by the state”. The plea has claimed that the actions of the college administration is unconstitutional, arbitrary and exclusionary in nature, the petitioners have contended. It has further been contended that students’ right to wear a hijab is a fundamental right guaranteed under Articles 14 & 25 of the constitution of India.

Thus the petitioner's have prayed for non interference of educational institution in religious/ personal faith of the students. The petitioner have also prayed for direction to allow the students to wear hijab to university. The petitioner have also prayed for declaring right to wear hijab a fundamental right under Article 14 & 25 of the Constitution.