Hijab Ban : How Can Girls Going To School Wearing Head Scarf Be Public Order Issue? Petitioners Argue In Karnataka High Court

The Karnataka High Court today commenced hearing a writ petition filed by a Muslim girl student challenging the action of a government college in denying her entry for wearing a hijab (headscarf).Justice Krishna S. Dixit has requested the student community and the public at large to refrain from taking onto the streets in connection with the issue and indulging in parallel protests. The Judge orally remarked,"People should have faith in Constitution. Only a mischievous section will keep the issue burning. But making agitation, going on the street, shouting slogans, attacking students, students attacking others, these are not good things.Do not disturb the Court. You should leave the judges to peace. So I appeal to all people to maintain peace and tranquility."It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Article 14,19 and 25 of the Constitution. "A girl going to school wearing head scarf, how can it be a public order issue?" Senior Advocate Devadatt Kamat argued.The State government on the other hand, represented by Advocate General PK Navadgi, argued that reasonable restrictions have to be imposed on the purported right to wear hijab in an educational institution.The hearing will continue tomorrow, at 2.30 pm.Read full updates from today's hearing here.Courtroom ExchangeAt the outset, the Advocate General submitted that a substantial question of law is involved in this petition as to whether there is a right to wear hijab in educational institution under Article 25 of the Constitution. He submitted that no impression should be given that the State was not showing generosity. "We have not intervened in this matter. Autonomy is given to colleges to decide about uniforms. I am only here to address on the larger questions of law," he clarified.The AG continued, "College Committees decide the uniform. If any student wants relaxation, let them approach the Committees. Lot of sisters and daughters to the community are already in two minds."However, Kamat pointed out that the stand of the State is not as innocuous as this, since they have issued a Government Order dated February 5, stating that restriction imposed on wearing hijab is an educational institution does not violate Article 25."We are not talking of burqa or entire veil. It is head scarf. The first submission is that the wearing of the hijab is an essential religious practice of Islam," Kamat submitted.Wearing hijab is essential religious practice: KamatKamat referred to Verse 24.31 and verse 24.33 of the Holy Quran, which purportedly talk about head scarf or veil over head as essential religious practise.Reliance was also placed on a Kerala High Court judgment in 2016, which declared hijab as essential religious practice of Islam and allowed two Muslim girl students to wear it while appearing for the CBSE All-India Pre-Medical Entrance Test (AIPMT). "In a nation like India that has diverse religions, it cannot be insisted that a particular dress code mandated by a religion should be avoided so as to sit for the examinations," the Court had observed therein.At this juncture, the bench inquired whether all Quranic injunctions are essential religious practices.Kamat contended that it is not for the State to sit in judgment saying this is not an essential practice.However, the bench opined, "Constitutional Law allows constitutional authorities to function as per the constitution. The state can make orders, but might be based on assumptive conclusions. Of course, citizen can challenge. We have not adopted doctrine of separation of powers strictly."During the course of hearing, Kamat submitted that one's personal opinions, in this case, are irrelevant, as it is the belief of a community which is relevant and one cannot sit in judgement through a secular lens(Ratilal Panachand Gandhi v. State Of Bombay).No public order issue involved: KamatHe further contended that the right to wear a dress is a facet of the fundamental right to speech and expression under Article 19(1)(a) and the threshold of "public order" is extremely high to restrict this right."The grounds on which the impugned order has been structured are not relatable to those permitted under Article 19 (2). This violates even Article 21 as the Supreme Court has said under Puttasawamy judgement that right to wear falls within privacy right."Kamat added that the State has no competence to issue the GO on dress code as per the Karnataka Education Rules and is thus, beyond the jurisdiction of the state."A girl going to school wearing head scarf, how can it be a public order issue...We are not trying to incite anybody or create disturbance. Right from admission we have been quietly practising our faith. Now to give a colour of public order this is an attempt to put the cart before the horse. Every practise of religion if the state wants can give the colour of public order,"...

Hijab Ban : How Can Girls Going To School Wearing Head Scarf Be Public Order Issue? Petitioners Argue In Karnataka High Court

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Hijab Ban : How Can Girls Going To School Wearing Head Scarf Be Public Order Issue? Petitioners Argue In Karnataka High Court

Mustafa Plumber

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers