The court said wearing of hijab not essential to Islam
Team News Riveting
Bengaluru, March 15
The Karnataka High Court on Tuesday upheld the government order effectively banning the wearing of hijab (headscarves) by Muslim girl students in educational institutions.
A three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and J M Khazi said hijab is not a part of essential religious practices of Islam. It added requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a) and the government has the power to pass the order; no case is made out for its invalidation.
The hearing before the Bench lasted for 11 days as the court reserved the verdict on February 25. On the very first day of the hearing, the Court had passed an interim order directing students not to wear hijab, saffron shawls (bhagwa) or use any religious flags while attending classes in colleges which have a prescribed uniform.
The petitioners – Muslim girl students from various colleges in Karnataka – had approached the High Court after they were denied permission to attend classes on account of wearing hijab. Among the grounds cited in the petition were that the freedom of conscience and the right to religion are both guaranteed by the Constitution, despite which the students were singled out arbitrarily for belonging to the Islamic faith.
