Right to wear dress can't be allowed at asking, A-G tells Supreme Court

They have to establish what is the expression they want to convey and to whom they want to convey', Navadgi said

The Karnataka government on Wednesday defended before the Supreme Court its decision to disallow hijab in classrooms of Pre-University Colleges, saying it has not been shown as essential religious practice while the right to wear a dress as part of freedom of expression can't be exercised everywhere.

Maintaining that the right to privacy is still evolving jurisprudence and can't be exercised in all zones, Advocate General Prabhuling K Navadgi submitted before a bench of Justices Hemant Gupta and Sudhanshu Dhulia, "The right to wear dress as part of expression can't be readily given at the mere asking. They have to establish what is the expression they want to convey and to whom they want to convey. They say they wear hijab as Islam mandates. That is no expression."

He also submitted that the State only intended to inculcate discipline in students by regulating uniform, and any restrictive effect on rights under Article 19 of the Constitution is "incidental" and it cannot be a ground to invalidate the law.

Navadgi also contended even if it was assumed that wearing of hijab is a religious practice ordained in Quran, every mundane activity related to religion can't be an essential religious practice.

Read | Hijab movement started with design to create unrest: Karnataka govt tells SC

"If we are to accept whatever said in Quran to be essential, it will defeat the tests of essentiality," he said.

During the hearing, the bench asked him if wearing headscarf goes against unity and equality.

The bench also said the petitioners contended there should be no uniform. "It is Pre-University and some schools don't have uniform. And the circular uses the word "unity and equality". What is this?," the court asked.

On this, the A-G said the words used in circular were if there is no uniform prescribed, wear something which goes along with unity and equality and which does not affect law and order.

It meant wear something dignified and not dress scantily, he added.

To the question, if wearing of headscarf goes against unity and equality, he said, "The idea of uniform is to bring all students to a level, irrespective of economic background."

He also cited Article 51A(j) of the Constitution, to point out one should rise above religious identity to become part of one group.

The A-G also contended the right to wear a dress cannot be absolute.

"We have not prohibited hijab outside, there is no restriction on wearing in school transport. There is no restriction even in school campus. It is only in classroom," he said.

"Our concern was to run the school, to bring the children together without animosity. The government order was passed under these considerations," he added.