Karnataka Hijab Verdict
Know what the High Court said in its decision today:
1. Petitions filed by Muslim girls seeking permission to wear hijab in class were dismissed.
2. The Court is of the considered view that the wearing of hijab by Muslim women is not a part of the religious practice required in the Islamic faith.
Is wearing hijab compulsory for religion?
3. Students cannot object to the uniform prescribed by the educational institutions.
4. The fixation of uniform for students in an institution comes under the category of reasonable restrictions.
5. Government has the right to pass GO (Government Order); No case is made out to invalidate it.
6. Institutional discipline prevails over individual choice. The decision marks a paradigm shift in the interpretation of Article 25 of the Constitution.
7. The ruling restores the position of law held by the SC in Sabarimala (case) by saying that what is essentially religious is not sufficient but what is required to be shown is necessary for religion.
8. The court is dismayed at how suddenly the issue of hijab arose and was thrown out of proportion by the powers that be.
9. The manner in which the hijab has come to the fore gives scope for the argument that some ‘unseen hands’ are working to create social unrest and disharmony.
10. If the uniform is not prescribed by the management committees, the students should wear such clothes which match the idea of equality and unity, and not disturb the social order.
11. The Court noted the submissions made on behalf of the Respondent of Pre-University College at Udupi and the material placed on record.
12. The court observed that everything was fine with the dress code since 2004.