Petitioners’ counsel says Karnataka government needs to justify the ban on wearing hijab

Karnataka must first prove how the prohibition of hijab among students affects the sovereignty and integrity of India, its security or friendly relations with foreign states or even public order, decency or morality. The Sharia Committee of Sharia argued against a ban on Muslim girls wearing the hijab. school.

Senior advocate YH Muchhala, appearing before a bench of Justices Hemant Gupta and Sudhanshu Dhulia, said the burden of justifying the ban on wearing hijab rests with the state.

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“Wearing hijab does not provide any special benefit to Muslim girls nor does it defeat the purpose of the law. The purpose of the uniform is not to erase the marks of personality. Merely wearing a prescribed dress code does not eliminate the diverse distinctions that exist among students. In multicultural societies, students must be taught to acknowledge, accept and respect the diversity in society,” argued Mr Muchhala.

He said the state has leaned back to appease the “obstructors” at the cost of violating the time-tested fundamental rights of the students.

The senior counsel submitted that it is not necessary for a Muslim woman to justify her personal action of wearing the hijab as an essential religious practice.

“Every religious minority has a fundamental right to preserve its religious-cultural identity. Muslim girl students are followers of Islam and in their individual capacities, they have the right to display/express their religious-cultural expressions by wearing the hijab,” Mr Muchhala submitted.

He said that an individual’s ability to protect the sphere of privacy enables the realization of the full value of life and liberty.

The counsel argued that depriving Muslim girls of their right to education across India would have dire consequences. He said the aftershock would be equally profound for Muslim women seeking jobs or job opportunities.