Explanation: Religious and attire freedom | Hijab Row | Karnataka

Описание: Following the expulsion of six students from a college in Karnataka's Udupi district last month for wearing a hijab, the debate over whether educational institutions can impose a strict dress code that may interfere with students' rights has spread to other colleges in the state. The issue raises legal questions about how to interpret religious freedom and whether the right to wear a hijab is protected by the constitution.
Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”. It is a right that guarantees negative liberty, which means that the state must ensure that this freedom is exercised without interference or obstacle. However, the state can limit the right for reasons of public order, decency, morality, health, and other state interests, just as it can for all other fundamental rights.
The Supreme Court has developed a sort of practical test to determine what religious practices are constitutionally protected and what can be ignored over time. The Supreme Court ruled in the Shirur Mutt case in 1954 that the term "religion" encompasses all "integral" rituals and practices of a religion. The "essential religious activities" criteria is used to assess what is essential.
On February 8, the High Court will hear the petitions of six girls studying at a government pre-university college in Udupi.
#Udupi #HijabControversy #SupremeCourt

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