Karnataka High Court on Hijab case: ‘Hijab not part of Islam’, Karnataka High Court Decision

Hijab case verdict: The court asked three questions and then answered them. The court said that wearing hijab for Muslim women is not a necessary religious custom in Islam. The bench dismissed all the petitions seeking permission to wear the hijab and allowed educational institutions to implement the uniform.

Highlights

● Hijab controversy was being heard in Karnataka High Court
● Full Bench of Karnataka High Court pronounced the verdict
● Petitions filed by Muslim students and organizations dismissed
● Karnataka High Court Bench said that wearing Hijab is not mandatory in Islam

Bengaluru: The Full Bench of the Karnataka High Court has given its verdict in the Hijab dispute case. The High Court has said that hijab is not a part of Islam. He said that educational institutions can ban such dresses and hijabs. With its order, the High Court dismissed all the petitions seeking permission for the hijab.

The Full Bench of the High Court, while delivering the verdict, said that wearing hijab is not a necessary part of Islam. Dismissing the plea of ​​Muslim organizations and students, the bench said that wearing hijab is not mandatory, educational institutions can ban wearing of hijab in class.

What did the Karnataka High Court say in the Hijab controversy
A three-judge bench headed by the Chief Justice of the High Court, while pronouncing the verdict, said, “The code of conduct is necessary inside the class room, outside the class room, whatever dress the student wears, but in the class room the school-college dress code”. be recognized. Schools and colleges have the right to decide their own dress code.

The High Court gave its verdict while answering three questions
The court asked three questions and then answered them. The court said that wearing hijab for Muslim women is not a necessary religious custom in Islam. The court said that students cannot object to the fixation of school uniforms. The court said that the government has the power to issue orders.

BJP gave process
Reacting to the verdict, BJP spokesperson Charu Pragya said, “People have complete freedom to practice religious practices, but do it where there is no uniform, the Karnataka High Court has given a very good decision.”

Hearing in High Court for 15 days
The full bench, which reached the High Court regarding hijab in educational institutions, heard for more than 15 days and after hearing the arguments of both the sides, had reserved the decision last week. Here, considering the sensitivity of the matter, the state government has imposed section 144 in the districts of Karnataka. It has been decided to keep the educational institutions closed in the areas which are most sensitive.

Holiday in schools
Dakshina Kannada Deputy Collector Dr. Rajendra KV said that Tuesday has been declared a holiday in all schools and colleges. He said that the external exams will be held as per the schedule but the internal exams which were to be held on Tuesday have been postponed. Udupi DM Kurma Rao M has also ordered the closure of all schools and colleges on Tuesday.

Police Force Deployed
School colleges have also been closed in Shivamogga district. Section 144 has been imposed here till March 21. SP BM Lakshmi Prasad said that 8 companies of KSRP, 6 companies of District Armed Reserve and 6 companies of RPF will be deployed. Kalaburagi administration has also imposed section 144.

Controversy started from Udupi’s college
Hijab controversy arose from a college in Udupi. In Government Pre College, girls were allowed to wear hijab in school but hijab was banned inside the class. In December last year, six college students attempted to enter the classroom wearing a hijab. They were stopped but the girls were adamant. After that she sat on a dharna outside the college and after that the controversy got heated. This demonstration inside the college spread to other districts and other states of the country.

Bench had reserved the decision
The Karnataka High Court had completed the hearing of the hijab controversy last month. The matter was heard by a full bench comprising Chief Justice Rituraj Awasthi, Justice JM Khaji and Justice Krishna M Dixit. During the hearing, it was argued on behalf of the Karnataka government in the court that hijab is not a necessary religious tradition and religious instructions should be kept out of educational institutions.

High Court had imposed interim stay
Solicitor Prabhulinga Navadgi, appearing for the Karnataka government, had said that only essential religious practices are protected under Article 25 of the Constitution, which guarantees citizens to practice the religion of their choice. The Karnataka High Court has at present put an interim ban on going to school wearing any religious symbol.

Some facts of the hearing in the Hijab dispute case
-On February 25, after a marathon hearing that began on February 10, the court had reserved its verdict in the matter.

-Most of the petitions have been filed by students of Udupi and Kundapura colleges. Two PILs were also filed.

-The petitioners had contended that wearing hijab was mandatory and the state government’s action amounted to hostile discrimination on grounds of religion.

-The petitioners further argued that Muslim girls are least educated and underrepresented in classes and if they are locked in this way, it will affect their education.

-The state government had argued that wearing the hijab was not a necessary religious practice. It had also said that its February 5, 2022 circular relating to dress code – which was challenged before the court – does not interfere with the rights of the petitioners.