Hijab Are Not Allowed In School Says Karnataka HC
A bench, chaired by Chief Justice (CJ) Ritu Raj Awasthi, has emphasized that it will prioritize reopening educational institutions in the state while banning all forms of religious dress in schools and colleges.
Indian Muslim women chant slogans during a protest against a ban on Muslim girls wearing headscarves from attending classes at some schools in the southern Indian state of Karnataka in Kolkata, India, on Thursday. Thursday, February. February 10, 2022.
Until there is a final decision on a series of lawsuits challenging the ban on the hijab, imposed by the state via an executive order on February 10, the High Court of Karnataka banned students from wearing headscarves in schools and colleges.
A bench, chaired by Chief Justice (CJ) Ritu Raj Awasthi, has emphasized that it will prioritize reopening educational institutions in the state while temporarily banning all types of religious clothing during schools and colleges. Hijab stirs: Colleges in Karnataka will remain closed; “No hijab or saffron,” HC ordered
The Karnataka Hijab controversy has now taken a notable turn. Karnataka High Court, in its Temporary Order, banned students from wearing any kind of religious attire (Hijab or saffron shawls) on university premises until February 14. In its Interim Order, the Supreme Court noted that it wanted peace and allowed colleges to reopen…
“A temporary command will be passed at this point. Educational institutions reopened with the rule that no students were allowed to wear religious clothing. We will not allow anyone to wear a headscarf or saffron gear,” said the bench, which also included justice Krishna S Dixit and justice JM Khazi, adding the court will continue hearing the case on Monday next week.
” The first thing I would like to see is peace and tranquility in the state. I have referred your case to the court. Please have confidence in us. Most of our concerns relate to the state and the reopening of schools and colleges.
We will restrain ourselves from adopting any specific dress code. We are only a few days away from issuing the interim order,” the bench said, adding that the decision will be released shortly. However, the high court did not provide the details concerning the order on Thursday.
To contain rapidly deteriorating conditions amid the hijab controversy, all schools and colleges in Karnataka are closed until Friday following an order by Chief Minister Basavaraj Bommai on Tuesday.
An order by the CM comes after weeklong protests over the hijab ban, which were followed by students from the Hindu majority wearing saffron shawls in schools and colleges to assert their faith, resulting in a clash of religious beliefs.
This case has been heard by the full bench of the high court after a single judge bench on Wednesday referred it to the full bench due to its “enormous importance in terms of public policy” and related questions regarding “constitutional guarantees to religious minorities.”
As of Thursday morning, the dispute over the hijab also reached the Supreme Court. NV Ramana, the chief justice of India, heard a petition from senior advocate Kapil Sibal asking that the cases be transferred from the Karnataka high court to the Supreme Court. Yet the chief justice refused to provide a date for an urgent hearing, noting that the high court already had the matter under its jurisdiction.
Students representing Udupi colleges oppose the prohibitory interim order, arguing that faith cannot be suspended even for a few days and that such restraints cannot be imposed without a prima facie case being made. Senior advocates Sanjay Hegde and Devadatta Kamat presented their argument before the high court.
Despite this, the bench retorted, “You people do not need to wear all these religious things that are not conducive to worship.”. Cooperation is required on the part of you if you wish for us to resolve these matters.
For his part, Kamat replied: “What your Lord says will result in the suspension of Article 25 (right to practice and profess a religion) for students. The option of choosing food or water was presented to us. We are asked to choose between education and conscience.
However, the bench remained indifferent: “This (temporary order) is only for a few days. And we do not ask your permission to order.
The Supreme Court’s interim order follows a submission by State Attorney General Prabhuling Navadgi, who urged the board of directors to make temporary arrangements to allow schools and colleges in Karnataka to reopen. from Monday.
“Students wear saffron shawls in universities now that the hijab has been abolished. We say that no one is allowed to lobby for specific dress codes in educational institutions and to follow the government circulars and the institutional dress code,” said Navadagi.
The bench ruled, despite Hegde and Kamat’s opposition to his arguments, that an interim order must be passed since the questions involved would require lengthy discussion about whether the hijab is an essential religious practice for Muslim women and thus, constitutionally protected.
“First and foremost, everyone should take steps to ensure educational institutions open and begin imparting education again. Any other issues remain pending before the court and will be decided in due course. However, education cannot be compromised, remarked the bench. It added: “There should not be any dispute on this from any side that education of students must start without any disturbance.
Things have been starting to get a bit more normal lately after the pandemic, and then it happened. That’s not a good situation. “
Hegde and Kamat tried to convince the court that they also support the state judiciary for reopening schools and colleges and that students will also wear uniforms, but at the same time, they should be allowed to wear scarves. hood until the problems are finally resolved. . decision. While Hegde stressed the right to freedom of religion and the right to education would be trampled on by the ban on the hijab, Kamat sought to convince the court that a February government order stating that wearing the hijab was not a practice. essential religious practices in Islam the authority of the state.
However, the bench man asked the lawyer: “You will have to tell us what is wrong with this government order if they try to balance the different constitutional rights.
If they try to strike a balance between the rights of educational institutions and other rights, what is wrong? All educational institutions are also subject to certain rules. Earlier, on Thursday, CJ Awasthi, while hearing a separate petition about imposing a dress code in temples, expressed frustration at the heated controversies in the state.
CJ asked, “It is shocking that some people are after the headscarf and some people are after the jacket. Attempts are being made to divide the country based on religion. As well as discussing fundamental rights, it is important to talk about the fundamental duties of citizens, that is, what the citizens must contribute to their country.”
Meanwhile, senior advocate Sibal requested an immediate hearing in the Supreme Court, claiming girls are being stoned for wearing hijab in Karnataka, and schools and colleges have been closed following a number of clashes between students.
However, the CJI declined to consider the request. The CJI said, “We cannot take any action.” Is there any reason to jump in? The high court should make the decision first. According to the judge, the case is being heard by a three-judge bench in the high court today.
Mr. Sibal, who appeared for a girl student from a college in Udupi, replied that he had approached the Supreme Court asking it to transfer the case from the Karnataka high court to itself because the issue involves more complex legal questions and may require a nine-judge bench. However, the Chief Justice of India replied: “Let the High Court look into this first.”. We are not in a position to interfere at this stage.
Wait a day or two. They can pass temporary orders. The point is that the Supreme Court won’t touch the matter if we order it to be listed.
In this regard, Sibal said the issue has become widespread in India and protests are taking place in several parts of the country. “We don’t say anything about merit. The High Court heard it. Let the supreme court judge.
They mentioned the problem with a wider bench and they heard it today. You have filed a motion requesting a transfer. It doesn’t look pretty. We’ll see,” CJI responded, declining to specify any fixed hearing date. Sibal appeared for Fathima Bushra, who was a student at Government PU College in Udupi.
The defence claims that the February 5 government order banning the headscarf in educational institutions is unconstitutional and violates the basic rights of petitioners and other Muslims.
Campus Front of India (CFI), a student organization that advocates for students wearing headscarves, on Thursday said it was not satisfied with the Supreme Court’s ruling. “The (court) decision did not meet our expectations. We will wait until Monday and then we will consider our next course of action,” CFI state president Ataullah Punjalkatte told HT.
Meanwhile, right-wing organisations said they will abide by the court`s decision. In an interview with HT, Prakash Kukkehalli of the Hindu Jagarana Vedike said he has high hopes that students will return to colleges without wearing religious clothing and will instead focus on their studies.
“Due to 45 students, several lakh students from across the state have been disturbed… For now, at least, let them go back to schools and colleges by respecting the HC judgement,” he said. In just over a year, the Karnataka elections are set to take place. The hijab ban is seen by some as a right-wing push by the BJP government ahead of elections. However, the state government argues that it is essential to adhere to the uniform rule and that educational institutions have the autonomy to decide their uniform code.
Karnataka State Minister of Primary and Secondary Education, BC Nagesh, recently said that students wearing headscarves at Udupi in Kundapura were allowed to enter the university campus as a “courtesy”. On the other hand, opposition political parties have accused the ruling BJP of trying to divide and poison students for political purposes and divert attention from corruption and inefficiency.
edited and proofread by nikita sharma