The Karnataka High Court on Tuesday held that prescription of uniform is a reasonable restriction which students could not object to and dismissed various petitions challenging a ban on hijab in education institutions, even as a plea was filed in the Supreme Court on Tuesday challenging the Karnataka High Court verdict. The petition has been filed in the apex court by a Muslim student against the High Court judgment.
The High Court order said: “We are the considered opinion that wearing hijab by Muslim woman does not form an essential religious practise in the Islamic faith,” the High Court said. “We are of the considered opinion that the prescription of school uniform is only a reasonable restriction constitutionally permissible which the students cannot object to.” A bench of Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit, and Justice J.M. Khazi said that no case is made out for invalidating the Government Order of 5 February. The court said that it has considered the opinion that government has the power to issue impugned order and no case is made out for its invalidation. The court upheld the government order which directs strict enforcement of schools and colleges uniform rules. It also said that petitions challenging the hijab ban are without merit.
“The way, hijab imbroglio unfolded gives scope for the argument that some ‘unseen hands’ are at work to engineer social unrest and disharmony,” Karnataka High Court said in its order. “We are dismayed as to how all of a sudden that too in the middle of the academic term the issue of hijab is generated and blown out of proportion by the powers that be,” the High Court order said. The court expressed its expectation for a speedy and effective investigation into the matter and culprits being brought to book, brooking no delay.
Advocate General Prabhuling Navadgi, appearing for the state, had said that the petitioners have placed zero material to substantiate their claim for a declaration that wearing of hijab is an essential religious practice.
Defence minister Rajnath Singh said: “The court’s judgement should be welcomed. The dress code of the school and college must be followed by everyone.” Union Minister Pralhad Joshi on Tuesday welcomed the Karnataka High Court’s decision. “I welcome the court’s decision. I appeal to everyone that the state and country have to go forward, everyone has to maintain peace by accepting the order of the High Court. The basic work of students is to study. So leaving all this aside they should study and be united,” said Joshi.
Karnataka Chief Minister Basavaraj Bommai on Tuesday urged the students to focus on education, saying: “It is a question of fate and education of our children. Education is more important than anything else. Therefore, we should all follow the verdict of a three-member bench of the High Court. Everyone should co-operate while implementing the orders of the High Court.” He said, “All students must comply with the High Court order. Your education is very important. All should attend classes, not skip the examinations, shape your future”. The high court ruling was welcomed by Kerala Governor Arif Mohammed Khan, who on Tuesday expressed hope that such continuous attempts to push back young Muslim women into the four walls of a house, fail. Khan said he was not gloating over the verdict as he believed that the young Muslim women have the capability to contribute and play a great role in nation building as well as looking after their families, just like their “other sisters”.
However, senior advocate A.M. Dhar, one of the petitioners in the hijab row case, said that he will challenge the verdict in the Supreme Court. The High Court’s verdict on hijab is a bad judgment and wearing the headscarf is an essential practice in Islam, said Dhar. Stating that the HC ruling will be challenged in the Supreme Court, Dhar said there is hope that justice would prevail in the end.
General Secretary of the Congress party, Randeep Surjewala, said in a tweet, “Post judgement of the Karnataka High Court, the onus of ensuring education of the girl child and maintaining peace and harmony in educational institutions remains the responsibility of the Karnataka’s Bommai government. The issue is pending in the Supreme Court and everyone should await the verdict.”
Students from the Government PU College for Girls in Udupi said they will not go to college without hijab “because it is an essential part of the religion”. AIMIM chief Asaduddin Owaisi on Tuesday said that the High Court’s decision is a violation of the fundamental rights to freedom of religion, culture and expression. “The court or government do not decide essentiality. It is my right, if it does not harm anyone, the state shall not be allowed to interfere in religious affairs. Hijab does not harm anyone. We will appeal in the Supreme Court,” Owaisi said. “I disagree with Karnataka High Court’s judgement on Hijab. It’s my right to disagree with the judgement and I hope that petitioners appeal before SC,” tweeted Owaisi.