A three-judge bench of the Karnataka High Court delivered its verdict on petitions related to the controversy over wearing hijab in educational institutions.
A three-judge bench of the Karnataka High Court delivered its verdict on petitions related to the controversy over wearing hijab in educational institutions.
The wearing of hijab (head scarf) by Muslim women is not part of the religious practices required in the Islamic faith and is not protected under the right to freedom of religion guaranteed under Article 25 of the Constitution of India, the Karnataka High Court declared on March 15. To.
The court ruled that the prescribing of school uniform does not infringe on either the right to freedom of speech and expression under Article 19(1)(a) or the right to privacy under Article 21 of the Constitution, and the wearing of the hijab in educational does not violate the prohibition against. The institution is only a constitutionally permitted reasonable restriction, to which students cannot object.
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The court upheld the validity of the February 5 order of the Karnataka government on wearing of uniform in schools and pre-university colleges under the provisions of the Karnataka Education Act, 1983.
Dismissing all the petitions filed by nine Muslim girl students studying in two government pre-university colleges in Udupi district, Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice JM Khaji delivered the verdict.
The petitioners had argued that wear hijab It is a part of the religious practice required by Islamic faith and the college authorities cannot stop her from attending classes wearing the hijab.
‘No matter for investigation’
The bench observed that no case has been made out for initiating disciplinary inquiry against the officials of Government Pre-University College for Girls, Udupi and the office bearers of the College Development Committee for preventing the five petitioner-girls of the college from entering the college. Class wearing hijab.
The bench had reserved the verdict on February 25 after hearing the petitions which lasted for 23 hours in 11 days.
The bench, in its interim order passed on February 10, barred all students, regardless of their religion or belief, from wearing saffron shawls (saffron), scarves, hijabs, religious flags or in classes until further orders.
Initially, the bench had said that its interim order was limited to such institutions where the college development committees have prescribed dress code or uniform. However, on clarification sought by one of the petitioners, on February 23, the bench clarified that the interim order is applicable to pre-university and degree colleges where the dress code was prescribed by the authorities concerned.
line on hijab Some Muslim girl students of Government PU College for Girls, Udupi, said that they were denied admission in the college for wearing the hijab. However, the college authorities claimed that it had prescribed a uniform and no other religious dress is allowed to be worn with the uniform.
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The denial of admission of some Muslim girls, who insisted on entering the classroom with the hijab, later led to a series of protests and demonstrations in many parts of Karnataka, resulting in students belonging to the Hindu faith asking the college authorities to allow them. demanded to give To attend classes wearing saffron shawls.
Later, five girl students of Government PU College for Girls, Udupi approached the High Court challenging the ban on wearing hijab in classes, while four other girls from Government PU College, Kundapur in Udupi district also filed a petition.
Initially, the petitions were heard by a single judge bench, which referred them to a larger bench as questions were raised on religious belief in the petitions.
CM appeals for cooperation
Karnataka Chief Minister Basavaraj Bommai appealed for cooperation from all communities to implement the Karnataka High Court order, which has “upheld the government order on uniforms and held that hijab is not a compulsory practice of Islam”.
“Education is more important than anything else for students. I appeal to all the students to accept the High Court order and return to classes. I request you not to boycott classes like you did during the preliminary exam,” he said.
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He also appealed to the parents, various organizations and communities to give priority to the education of the students and cooperate with the government in implementing the High Court order.
The Chief Minister also warned the organizations that any law and order situation would be dealt with sternly and peace would have to be maintained in Karnataka at all costs. “We have already taken all necessary precautions to prevent flare-ups,” he said.
‘Nationalist mindset’
Welcoming the decision of the Karnataka High Court, Primary and Secondary Education Minister BC Nagesh said that it is clear that a uniform is helpful in creating a ‘nationalist mindset’ and the government will prescribe uniforms to help create a mindset that ‘ We are all children and citizens of this country.
“Based on the High Court’s decision, we will bring amendments to the Karnataka Education Act, 1983, and correct certain ambiguities in the Act,” he said.
He also hoped that the ‘misguided’ girls who insisted on wearing the hijab, who did not attend classes when asked to remove the scarves, would respect the Karnataka High Court order and return to classes. “We will reach out to them and convince them to continue with their education. The people of Karnataka never disobeyed the orders of the court and I hope this time also it will not be different.
Shivakumar’s appeal for ‘mature leadership’ of Karnataka government
“My biggest concern in the hijab controversy is education and law and order,” said KPCC president DK Shivakumar. Karnataka government.”
‘HC has given verdict, not justice’
Attaullah Punjalaktte, state president of the students’ organization Campus Front of India (CFI), which has supported the fight for six girls in Udupi to wear hijab in classes, said they were disappointed with the high court’s order. “We feel that the court has only given judgment, but not justice. We will continue our fight for legal hijab in the appropriate forums.
Safety measures in Mangaluru
As part of measures to ensure peace and order after the final verdict in the hijab case, Mangaluru city police took out a route march on March 15.
Route march started from Circuit House. The march covered a distance of about four kilometres, passing through KSRTC, PVS Junction, Hampankatta and other sensitive areas of the city.