Karnataka HC Upholds Hijab Ban: Petitioners Move SC; CM Appeals for Peace
Catch all the live updates on Karnataka High Court's judgment concerning the hijab row.
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After months of upheaval, the Karnataka High Court on Tuesday, 15 March, upheld the ban on Muslim girls wearing a hijab with the uniform in schools and colleges.
Dismissing the writ petitions filed by Muslim girl students seeking permission to wear hijab in colleges, the court said that hijab is not part of Essential Religious Practice and that no compelling case was made out for invalidating the government order against it.
Soon after the verdict, CM Basavaraj Bommai asked all to maintain “peace and order” and allow students to attend classes. "Education is more important than anything else," he said.
Later, a plea was moved in the Supreme Court challenging the high court order.
Swipe for highlights of the Karnataka HC judgment:
The high court held that the Karnataka government had the power to pass the order it did on 5 February stating that students would have to wear prescribed uniforms
The court also dismissed demands for disciplinary inquiries against school authorities which had denied entry to Muslim girls for failing to wear uniforms
After the verdict, Karnataka Education minister BC Nagesh said that shortfalls of the Education Act will be set right to standardise uniforms soon
All types of gatherings, agitations, protests, or celebrations in public places are prohibited in Bengaluru for one week from 15 March to 21 March
Schools and colleges being closed across several districts.
Section 144 has been imposed in Bengaluru, Udupi, Belgavi, Davanagere, Hassan, Kalaburagi, and Shivamogga
'Essential Religious Practice, Hostile Discrimination': The Petitioner's Arguments
The key arguments made by the petitioners’ lawyers pertain to essential religious practice, freedom of conscience and hostile discrimination.
Senior advocate Devdatt Kamat contended, "The State is an outside authority, it cannot say that wearing a headscarf is essential practice or not. It has to be seen from the viewpoint of a believer."
Bengaluru Bars Public Gatherings, Protests
Ahead of the judgment, an order issued by the Commissioner of Police, Bengaluru, Kamal Pant put a week-long ban on all types of gatherings, agitations, protests, or celebrations in public places in Bengaluru from 15 March to 21 March.
The order reportedly read,
Security Tightened Outside Karnataka Chief Justice's House
Ahead of the verdict, security has been tightened outside the residence of Karnataka High Court Chief Justice Ritu Raj Awasthi.
Bench Assembles
The Karnataka High Court bench has assembled to pronounce its judgment in the controversy surrounding Muslim girls wearing a hijab with the uniform in schools and colleges.
The bench consists of of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi.
'Not Essential Religious Practice': HC Upholds Hijab Ban
After a months of political upheaval and hearings on the matter, the Karnataka High Court on Tuesday, 15 March, pronounced its judgment in the controversy surrounding Muslim girls wearing a hijab with the uniform in schools and colleges and upheld the ban.
The court said that hijab is not part of Essential Religious Practice and that no compelling case was made out for invalidating the government order.
The court also said that prescription of uniform is a reasonable restriction on fundamental rights.
"We are of the considered opinion that wearing of hijab by Muslim women does not form an essential religious practice in Islam. Prescription of uniform is a reasonable restriction that students cannot object to," the bench said.
'Karnataka Govt has Powers to Pass the Order'
The high court also held that the Karnataka government had the power to pass the order it did on 5 February stating that students would have to wear uniforms and that there was no case made out for its invalidation. There were no grounds for disciplinary inquiries against school authorities which had denied entry to Muslim girls for failing to wear uniforms either.
BJP Welcomes Order on Hijab Row
Speaking to ANI, Union Minister Pralhad Joshi welcomed the order and appealed to maintain peace.
"The basic work of students is to study. So leaving all this aside they should study and be united," he said.
Students Disperse in Karnataka College After Order
Students of a PU college in Ramanagara dispersed after Karnataka High Court ruled in favour of ban on hijab. Police has been deployed around most educational institutions in several districts in Karnataka.
Police Deployment in Kalaburagi
Police has been deployed in Kalaburagi in the wake of Karnataka High Court judgment on hijab row.
Education Act will be Amended to Standardise Uniforms: Karnataka Education Minister
Based on the Karnataka High Court judgment that upheld ban on hijab in educational institutions, Karnataka Primary and Secondary Education minister BC Nagesh said that shortfalls of Karnataka Education Act will be set right to standardise uniforms.
'Institutional Discipline Prevails Over Individual Choice'
Speaking to ANI, Karnataka Attorney General Prabuling Navadki said that institutional discipline has prevailed over individual choice.
Calling the judgment a "paradigm shift in the interpretation of Article 25 of the Constitution, Navadki said that it restates the position of law as held by the Supreme Court in the Sabarimala case by saying that "what is essentially religious is not sufficient but what is required to be shown is essential to religion."
'Education More Important Than Anything': CM Bommai Appeals For Peace
Karnataka CM Basavaraj Bommai asked all to maintain “peace and order” and allow students to attend classes.
"I request everybody in the society- the parents, teachers, students, and those concerned about education - to implement whatever the high court has said and see to it that peace and order is maintained for the future and education of our children. Education is most important of all," he said.
'Disappointed With Verdict': Former J&K CM Omar Abdullah
Taking to Twitter, former J&K CM Omar Abdullah said: "Very disappointed by the verdict of the Karnataka High Court. Regardless of what you may think about the hijab it’s not about an item of clothing, it’s about the right of a woman to choose how she wants to dress. That the court didn’t uphold this basic right is a travesty (sic)."
'Denied Constitutional Rights': CFI
Reacting to the verdict, MS Majid, CFI National President said: "Karnataka HC denied the constitutional rights of the citizens. We will never accept the verdict that stands against the Constitution and will continue the fight against the attempts to suppress individual rights. We appeal to the secular-minded to join this constitutional fight."
Karnataka Health Minister Welcomes Verdict
Taking to Twitter, Karnataka health minister Dr Sudhakar K said: "Hijab is not an essential practice of Islam and can't be allowed in schools and colleges, rules Karnataka High Court. I welcome the judgment as it upholds the sanctity of uniforms and brings the focus in schools and colleges back on education."
'Appeal Petitioners To Follow Verdict': Karnataka Education Minister
Speaking to ANI, Karnataka Education Minister BC Nagesh said that he is happy that the government's stand has been upheld by the Karnataka High Court.
"I request to the girls who went to the court should follow the judgment, education is more important than any other things," he said.
'Disagree with Verdict': Asaduddin Owaisi
AIMIM chief Asaduddin Owaisi says he "disagrees" with the Karnataka High Court verdict.
'Important Step Towards Strengthening Education': Tejasvi Surya
Welcoming the verdict, BJP MP Tejasvi Surya called it an "important step towards strengthening the educational opportunities and rights of girl students."
"The HC judgement is an important step in the direction of mainstreaming & strengthening education opportunities of girl children," he tweeted.
'Request to Honour Court's Decision': Former Karnataka CM Yediyurappa
Former Karnataka CM BS Yediyurappa requested people to honour the court's decision on the hijab row.
"I request the public to honour the decision of the court and not to continue anything further and abide by the decision," he said.
Students of a Govt PU college in Yadgiri Boycott Classes
Students of a Government PU college in Yadgiri boycott classes and exams in protest of the High Court judgment that upheld ban on hijab in educational institutions.
Karnataka Minister K Eshwarappa Welcomes Verdict
Speaking to ANI, Karnataka Min KS Eshwarappa welcomed the HC decision and claimed that Muslim students of the state faced problems for a long time.
"Someone had misguided them that's why there was this issue. Quality education should be given to all students, so everyone should accept the order," he said.
'Govt Must Protect Muslim Girls': DK Suresh
Speaking to ANI, Karnataka Congress MP DK Suresh said that Islam is a practice is accepted by the government must give protection to all girl students.
"Petitions have been rejected but customs continue," he said.
Udupi Students May Approach SC
Udupi Muslim women students are likely to approach SC later today with an appeal over the HC judgment that has upheld a ban on hijab in educational institutions in Karnataka, sources told The Quint.
'Allow Women the Choice': Congress Spokesperson Shama Mohamed
Congress spokesperson Dr Shama Mohamed took to Twitter to react to the verdict and said: "In a secular democratic country like India, every woman has the right to wear what she feels comfortable in. No one should dictate to women what they can and cannot wear. In schools, colour co-ordinated head-scarves should be allowed as uniform. Why not allow women the choice!"
'Courts Should Not Tell Women What to Wear': Mehbooba Mufti
In a video message, former J&K CM Mehbooba Mufti condemned the High Court's decision to uphold a ban on hijab in Karnataka's educational institutions.
"The decision of the High Court to uphold the hijab ban is disappointing. A girl or a woman is not even allowed to choose what to wear. On one side, we make tall claims about women's rights and choices to empower them, but on the other, we aren't allowing them the freedom of choice," she said.
"We see women being harassed and violated on the streets in some states while the state governments remain mute spectators. It's incorrect to tell women what to wear and what not to wear. These things should not be decided by the courts," she added.
'Will Challenge Verdict in SC':Petitioner
Calling it a bad judgment, senior advocate AM Dhar one of petitioner(s) in the hijab row case told ANI that he will challenge the verdict in the Supreme Court and that hijab is an essential practice in Islam.
'Why Rake up Tensions?': KCR Slams Hijab Row
Telangana CM K Chandrashekar Rao in the State Assembly slammed the controversy around hijab at educational institutes and blamed the Karnataka government of creating tensions.
"What does the government have to do with who wears what? Why are you raking up tensions?" he asked.
What the Court Order Exactly Said: Highlights
The school regulations prescribing dress code for all the students as one homogenous class, serve constitutional secularism.
It is not that if the alleged practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory and it ceases to be a religion.
Petitioners have miserably failed to meet the threshold requirement of pleadings and proof as to wearing hijab is an inviolable religious practice in Islam and much less a part of ‘essential religious practice’.
No reasonable mind can imagine a school without a uniform. After all, the concept of school uniform is not of a nascent origin. It is not that, Mughuls or Britishers brought it here for the first time. It has been there since the ancient Gurukul days.
School uniforms promote harmony & spirit of common brotherhood transcending religious or sectional diversities.
It hardly needs to be stated that schools are ‘qualified public places’ that are structured predominantly for imparting educational instructions to the students. Such ‘qualified spaces’ by their very nature repel the assertion of individual rights to the detriment of their general discipline and decorum.
The aim of the regulation is to create a ‘safe space’ where such divisive lines should have no place and the ideals of egalitarianism should be readily apparent to all students alike.
The way hijab imbroglio unfolded gives scope for the argument that some ‘unseen hands’ are at work to engineer social unrest and disharmony
CFI Calls Verdict 'Unconstitutional & Hence Unacceptable'
Muslim students organisation Campus Front of India (CFI) to go for appeal in the Hijab case. The CFI has called the HC order that has upheld a ban on hijab in educational institutions, “unconstitutional” and hence “unacceptable.”
Chennai Students Protest Against Verdict
New College students in Chennai protest against the Karnataka HC Hijab Ban judgement.
‘Should Await Supreme Court’s Verdict’: Congress General Secretary
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."
He added that the Karnataka government has to ensure:
No person or religious group, be it the Bajrang Dal or SDPI or PFI, be permitted to vitiate the environment of schools and colleges in Karnataka.
Initiate steps for attendance of girl child in schools and colleges, irrespective of religion.
‘Dharma’ of imparting scientific and modern education to all children isn’t abandoned at the altar of political expediency.
Peaceful atmosphere and communal amity is not sacrificed for BJP’s agenda of polarising the state on communal lines.
Defence Minister Rajnath Singh Welcomes HC Judgment
Welcoming the judgment, Defence Minister Rajnath Singh said that the dress code of school/college must be followed by everyone of any religion.
‘Will Not Give up’: One of the Muslim Students Who Had Petitioned the HC
Aliya Assadi, one of the six Muslim women students of Udupi, who had petitioned the Karnataka High Court to allow them to wear hijab speaks about being let down by the judiciary.
High Court Order Challenged in Supreme COurt
Following the verdict by the Karnataka High Corut, a plea was moved in the Supreme Court on Tuesday, challenging the high court's order.
Schools and Colleges To Be Re-opened in Udupi Tomorrow: Deputy Commissioner
Schools and colleges will be re-opened on Wednesday, 16 March, in the Udupi district, Deputy Commissioner of the district has said.
However, imposition of section 144 will continue till 21 March, with restrictions on processions, celebrations, and protests.
‘Will Have Adverse Impact on Religious Freedom & Education’: Jamiat Ulema-e-Hind
Prominent Muslim body Jamiat Ulema-e-Hind expressed deep disappointment over Karnataka High Cour's decision of upholding ban on hijab in educational institutions in the state.
The Muslim boy added that the verdict would have adverse impact on religious freedom as well as the education of Muslim girls.
Verdict Proves ‘Constitution Is Supreme Over Religion’: Former Karnataka CM
Former Karnatakachief minister BS Yediyurappa has said that Karnataka High Court's verdict on the hijab row proves that India's Constitution is supreme over religion and its beliefs, PTI reported.
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