The petitioner-students are left with Hobson’s choice, as they now have to decide to either educate themselves or follow their freedom of conscience to wear hijabs, it was argued before the High Court of Karnataka on Wednesday.
Arguing on behalf of Shaheena and Shifa Minaz of Kundapur in Udupi district, senior advocate Yusuf Muchhala contended that the restriction on hijabs has deprived them of their fundamental right of freedom of conscience guaranteed under Article 25 (1) of the Constitution.
“Is this fairness when Article 51 of the Constitution makes it a fundamental duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women,” Mr. Muchhala argued before a three-judge Bench headed by Chief Justice Ritu Raj Awasthi.
