S.S.

Jain Subodh Law College Intra Moot Court Competition, 2023

MOOT PROPOSITION
1. Union of Indistan is a “Sovereign Socialist Secular Democratic Republic” country and is a
union of 28 constituent States along with 9 Union Territories in the tip of South Asia, with 138
crores population marking it as world’s second most populous nation. It is famous worldwide for
its diversity in culture, language, religion, whereby a robust Constitution of Indistan has been
meticulously safeguarding the interest of each community as it aims to treat everyone at parity
and promote fraternity among all.

2. The majority population of Indistan called the Indies (79.80%), follows the religion of Indism
while the Salafi, which are the second largest religious ethnicity (14.23%), follow the religion of
Salafism. There is a history of communal clashes between the two groups, particularly at the
time of the division of the country. Since independence there has been a huge proliferation of
communal violence in Indistan. There have also been reports by leading international
organisations regarding the insecurity suffered by religious minorities in Indistan. In 2019, the
Forum for International Religious Freedom [Hereinafter FIRF] placed Indistan at 111th rank in
its Annual Religious Tolerance Index [ARTI].

3. Carnatic, a State situated in the southern part of Indistan, an educational institution by the
name of Kudupi Women’s PU (pre-university) College gave a direction in December 2021 to
ban the wearing of hijabs within the premises of the College.

4. Salafi students who used to exercise the practice of hijab were prevented from the college to
attend classes on the sole ground that they wear hijabs. While, the Salafi students insisted that
they be allowed to exercise hijab as they are not wearing the same of different colour or on a
different uniform, rather they wear headscarves of the same colour as the uniform.

5. The directive against the practice of Hijab was issued by the College Development Committee
(CDC) of KudupiWomen’s PU (pre-university) College, consisting of MLA and

Subordinates in the state.Salafi students comprehended that hijab is a practice that has never
been questioned in Indistan as it was in adherence to the provisions of the Constitution of
Indistan. It is because of the people associated with communal organisations that are now at the

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 S.S. Jain Subodh Law College Intra Moot Court Competition, 2023

behest of political power in the state of Carnatic that such bizarre restrictions were being made
targeting the minorities.

6. As per the Salafi students, Hijab is an essential religious practice in their religion, and
suspension of the same, even for a few hours during school, undermines the community’s faith
and violates their fundamental rights under the Constitution of Indistan.

7. On the other hand, the college authorities claim that wearing of headscarf is not protected by
rights and freedoms under the Constitution of Indistan. According to the College Development
Community (CDC) of Kudupi Women’s PU (Pre-University) College, the Hijab practice carries
abhorrence of having a deleterious effect on society.

The secular ethos promised in the Indistan Constitution will severely be undermined, if symbolic
display in educational institutions be allowed of such nature. This will have adverse effect on
the disciplinary and uniformity beliefs of the educational institutes, after all what shall at all
remain uniform amongst students, if every other person would be keen to display his/her
religious and/or cultural symbolism in places of learning?

8. In another college in Carnatic, by the name of Suraikha College of Exellence, a directive was
passed stating that no student shall display religious or cultural symbols inside the premises. The
college stopped Indie girls from wearing nose rings in the light of the directive issued. The Indie
girls raised their concern as according to them; it was a part of long standing tradition in South
Indistan. However, the college argues that the girl had agreed to the college code. Further, she
was free to wear it outside the school, and hence, removing the same for few hours during
college does not impact her culture.

9. A bunch of petitions were filed in the Carnatic High Court concerning the school/college code
and that of religious/cultural symbolic portrayal by the students in the premises of the
educational institutions. The Carnatic High Court listed all the petitions together and heard the
merits in Zikra and Ors. v. State of Carnatic on 11th of January, 2023. The Carnatic High Court
favoured the educational institutions declaring that uniform code must be followed by all the
students regardless of the community and their identity. The students have approached the
Hon’ble Supreme Court of Indistan under the provision of Special Leave Petition (SLP),
challenging the judgement given by the Carnatic High Court.

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ISSUES:

1. Whether the special leave petition filed by the petitioner is maintainable?

2. Whether wearing of hijabs/headscarves by Salafi women constitutes the essential religious

practise?

3. Whether a Salafi can assert its claim to do so under the right to manage its own religious
affairs?

4. Whether the direction issued by the College Development Community is violative of

provisions enshrined in the Constitution of Indistan?

*Note- The teams may form any further issue/issues if required.

(Laws of Union of Indistan are in pari materia to the Laws of Republic of India. The religious
practices and judicial precedents of Indies and Salafi’s are in pari materia to the religious
practices and sources of Hindus and Muslims respectively.).