Wearing Hijab Is Not Essential Religious Practice Rules Karnataka High Court.

Why in news?

• Ruling has come in the backdrop of petition seeking the right to wear hijabs or head scarves along with uniforms inside classrooms.
• According to the Court, wearing of hijab (head scarf) by Muslim women does not form a part of essential religious practices in Islamic faith and is not protected under right to freedom of religion under Article 25 of Constitution.
• Also, prescription of school uniform does not violate either right to freedom of speech and expression under Article 19(1) (a) or right to privacy under Article 21.
• Further, restriction against wearing of hijab in educational institutions is only a reasonable restriction constitutionally permissible.
• What is the essential religious practice test?
• It was evolved by Supreme Court (SC) in ‘Shirur Mutt’ case (1954) to protect only such religious practices which were essential and integral to the religion.
• Court held that term “religion” will cover all rituals and practices integral” to a religion, and took upon itself the responsibility of determining essential and non-essential practices of a religion.
• This attempt to differentiate essential and non-essential practices was taken up in various judgments.