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Previously, the government disallowed wearing hijabs in pre-university institutions and court ruled that it is not an ‘Essential Religious Practice’ (ERP) of Islam.
The Supreme Court on Wednesday said that it'll take a call on listing a plea seeking direction to allow girls to appear in exams in Government Colleges. It has been submitted that they are not allowed to appear in exams while wearing Hijab and the exams are scheduled to start on March 9.
A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha said that consider listing the matter for hearing.
Advocate Shadan Farasat mentioned the plea stating that there was a split judgment in the hijab case and the girls now have to appear in govt colleges to appear for exams and they are not allowed to wear headscarves. It has been argued that the students have already lost one year.
It may be noted, that the Supreme Court bench of Justices Hemant Gupta and Sudhanshu Dhulia had delivered a split verdict in the matter which came before the court after the Karnataka High Court upheld the decision of the Karnataka Government disallowing wearing hijabs in pre-university institutions and ruled that it is not an ‘Essential Religious Practice’ (ERP) of Islam.
Justice Hemant Gupta drafted 11 questions, to which he answered in negation. Therefore, dismissed the appeal, holding hijab, not an essential religious practice that impinges on fundamental rights. Further upheld the impugned GO and the Karnataka High Court judgment.
While Justice Sudhanshu Dhulia delivered a split verdict. While overturning the Karnataka High Court verdict in the Hijab case, he added, "that a girl child already has a lot of problems that she faces in the rural India. The question in my mind is whether we are making her life difficult".
However, CJI Chandrachud led bench of the Supreme Court later remarked that a three-judge bench will consider the Hijab issue.
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