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'Karnataka Education Minister Misinterpreting High Court Verdict In Hijab Case': Lawyers' Body Issues Notice

Mustafa Plumber
31 March 2022 11:28 AM GMT
Karnataka Education Minister Misinterpreting High Court Verdict In Hijab Case: Lawyers Body Issues Notice
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The All India Lawyers Association for Justice has issued a notice to B.C. Nagesh, Karnataka State Minister of Primary & Secondary Education, urging him to withdraw the statements made by him on the hijab issue, alleging that they are based on a misinterpretation of the Karnataka High Court's order. The notice reads that, "It has been reported in the media that you have stated...

The All India Lawyers Association for Justice has issued a notice to B.C. Nagesh, Karnataka State Minister of Primary & Secondary Education, urging him to withdraw the statements made by him on the hijab issue, alleging that they are based on a misinterpretation of the Karnataka High Court's order.

The notice reads that, "It has been reported in the media that you have stated "Following the Karnataka High Court order, we have decided that students wearing hijab or any other religious attire will not be allowed inside the examination hall. They can come to campus wearing the hijab but they need to remove it before entering the hall". It is further reported that you have stated "Leave the ego and attend exams. Majority of students are following the High Court verdict and government notification,"

It is said in the notice, "Your statements run contrary to Government Circular dated 25.03.2022, which states that the uniforms in schools fixed either by the government or by the private schools are to be worn by the students. Your statements also contradict the Judgment of the Hon'ble High Court dated 15.03.2022 in WP 2347/2022."

Further, it is said "The judgement did not impose a blanket ban on hijab. The judgement upheld the G.O. dated 05.02.2022, which specified that any uniform that had been fixed by the government or a private school in accordance with the law has to be adhered to."

The notice also states that, "Your irresponsible and misleading statements have resulted in massive and unwarranted repercussions. It has been reported that in Gadag, seven teachers were suspended on 29.03.2022 for allowing students wearing the hijab to attend their SSLC exams. In fact, the deputy director of public instruction is reported as having stated that "These teachers had allowed girl students to wear the hijab while writing exams on Monday. As it was a violation of the high court order, we have suspended".

It is added, "This is a misinterpretation of the G.O as well as the Order of the Hon'ble High Court, which has caused great prejudice to the minor Muslim girls seeking to pursue their fundamental right to education. Your statements go beyond the scope of the orders in question and have resulted in a violation of rights of Muslim girl children".

The notice thus calls upon the Minister to immediately withdraw his statements and issue a clarification, for they fall foul of the Judgment of the Hon'ble High Court of Karnataka as well as the relevant government orders, failing which the association will be constrained to take necessary action.

The High Court had stated that its order was pertaining to institutions where a dress code has been prescribed and that it was applicable to students within the classrooms.

Click Here To Read Notice 



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