In a significant but controversial ruling, a three-judge Karnataka High Court bench upheld that wearing of a hijab is not an essential religious practice in Islam, in order to warrant and justify its protection under Article 25 of the Constitution.

While deciding a batch of petitions, the court broadly framed the following questions for consideration: 1) Whether wearing a hijab is a part of ‘essential religious practice’ in Islamic faith protected under Article 25 of the Constitution? 2) Whether prescription of school uniform is not legally permissible, being violative of petitioners’ fundamental rights guaranteed under Articles 19(1)(a) (freedom of expression) and 21 (privacy) of the Constitution? 3) Whether the Government Order dated February 5, apart from being incompetent, was issued without application of mind and was it arbitrary and, therefore, violated Articles 14 and 15 of the Constitution?