Hijab Ban- Karnataka High Court Full Bench Hearing (Day 7)- LIVE UPDATES

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21 Feb 2022 8:37 AM GMT

  • Hijab Ban- Karnataka High Court Full Bench Hearing (Day 7)- LIVE UPDATES

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

    The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.

    On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.

    Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. 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 Articles 14,19 and 25 of the Constitution.

    Kamat had underscored that the declaration made by the State government that wearing of a headscarf is not protected by Article 25 of the Constitution was "totally erroneous'. It was also submitted that the conduct of the State government in delegating to the College Development Committee (CDC) to decide whether to allow headscarves or not is 'totally illegal'.

    On Wednesday Prof Ravivarma Kumar, Senior Advocate, appearing on behalf of the petitioners argued that the state is discriminating against Muslim girls, solely on the basis of their religion. He highlighted that the Government Order dated February 5 targets wearing of hijab whereas other religious symbols are not taken into account. This leads to hostile discrimination violating Article 15 of the Constitution.

    Sr Adv Yusuf Muchhala argued that the impugned GO, preventing Muslim girls from wearing headscarves, suffers from manifest arbitrariness. He referred to the principle of manifest arbitrariness used by the Supreme Court to strike down triple talaq in the Shayra Bano case.

    "They are only putting one apron over their head. When we say uniform, we cannot strictly confine to the dress code. What was the practice adopted at school has to be seen. It has been changed without notice. Fairness requires notice. Fairness requires being heard."

    On Friday Advocate General Prabhuling Navadgi stressed the following aspects

    (i) wearing of hijab does not fall within the essential religious practise of Islam;

    (ii) right to wear hijab cannot be traced to freedom of expression under Article 19(1)(a) of the Constitution;

    (iii) Government Order dated February 5 empowering College Development Committees (CDCs) to prescribe uniform is in consonance with the Education Act.

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    Live Updates

    • 21 Feb 2022 11:20 AM GMT

      Arguments over for the day. Bench rises. Hearing to continue tomorrow at 2.30PM.

    • 21 Feb 2022 11:20 AM GMT

      AG: I am placing on record the file saying the 2014 circular, constituting CDC was approved by the Minister..

    • 21 Feb 2022 11:18 AM GMT

      Adv G R Mohan : A request is made to Child Rights Commission to provide a separate room for removing hijab, not in open place. Even teachers are asked to remove in public.

      AG :We will take care of it. The govt is very sensitive.

    • 21 Feb 2022 11:16 AM GMT

      AG : I assure all such instances will be taken care of. There will be no issues.

    • 21 Feb 2022 11:15 AM GMT

      AG : have received it in morning and I have spoken to Principal Secretary, education department and soon a meeting will be convened of all concerned. I assure court that report will be submitted to the court and to him.

    • 21 Feb 2022 11:15 AM GMT

      AG submits that Adv Mohammad Tahir has given a letter alleging some excesses committed by authorities with respect to Court order.

      AG says he has spoken to Principal Secretary and a meeting will be convened soon.

    • 21 Feb 2022 11:14 AM GMT

      AG : Next is a case in which I had assisted in Karnataka HC. There was a lease of property of Wakf Board to a hotel where wine and pork was served. The lease was challenged saying wine and pork are haram in Islam. It was not accepted.

    • 21 Feb 2022 11:12 AM GMT

      AG : Next is Shayara Bano (Triple Talaq) case. The petitioners assumed its part of Quran. Court did not accept.

    • 21 Feb 2022 11:12 AM GMT

      AG : In Babri Masjid case (Ismail Faruqui case), Supreme Court negated the argument that praying in a mosque is an essential practice.

    • 21 Feb 2022 11:12 AM GMT

      AG : In Kureshi's case, lordships held "What is optional does not constitute ERP."

      In Javed case, petitioners said Quran protects plurality of marriages. Court said no.

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