Hijab Ban : Karnataka High Court Uploads Interim Order Banning Religious Dress In Classrooms In Colleges Where Uniform Is Prescribed

The Karnataka High Court on Friday uploaded the interim order passed in the petitions challenging Hijab ban in colleges in the state. The Court has 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. The interim order is only applicable to those institutions which have prescribed a uniform dress code."Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), and connected matters scarfs, hijab, religious flags or the like within the classroom", the Court said in the order.The Court further clarified :"We make it clear that this order is confined to such of the institutions wherein the College Development Committees have prescribed the student dress code/uniform" The Court observed that elongation of the academic terms would be detrimental to the career of students and that it is in the best interests of the students that they return to classes instead of continuing the agitations over the issue of religious dress.The Court observed :"Ours being a civilized society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace & tranquility. Endless agitations and closure of educational institutions indefinitely are not happy things to happen. The hearing of these matters on urgency basis is continuing. Elongation of academic terms would be detrimental to the educational career of students especially when the timelines for admission to higher studies/courses are mandatory. The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions. The academic year is coming to an end shortly. We hope and trust that all stakeholders and the public at large shall maintain peace & tranquility".The hearing of the petitions will continue on Monday (February 14) at 2.30 PM. In a related development, some of the petitioners before the High Court have approached the Supreme Court challenging the interim order, contending that it amounts to an effective suspension of their fundamental right to practice religion. Senior Advocate Devadatt Kamat mentioned the petitions before the Chief Justice of India NV Ramana for urgent hearing in the Supreme Court. The CJI said that the Supreme Court will consider the matter at the "appropriate time" as the High Court is already seized of the case.What happened during yesterday's hearing? The bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi refused to grant interim relief in the petitions filed by Muslim students challenging the action of a government college in denying them entry for wearing a hijab (headscarf).While winding up the hearing, the Chief Justice orally said yesterday :"We will pass an order, that let the institutions start but till the matter is pending here, no student should insist on wearing religious dress. Till the disposal of the matter, you people should not insist on wearing on all these religious things."The Bench further expressed that it is inclined to decide the issue at the earliest. However, "we feel that peace and tranquility should be restored. Till decision, you should not insist for wearing these religious clothes which are not conducive."A single bench had referred the petitions to larger bench on February 9 observing that "questions of seminal importance" are involved. The single bench also said that the question of interim relief will be considered by the larger bench.While making the reference, the single bench had declined to pass interim orders permitting the students to attend colleges wearing hijab, observing that the interim relief also has to be considered by the larger bench.Yesterday, the Court heard Senior Advocate Sanjay Hegde, appearing for students from Udupi, Senior Advocate Devadatt Kamat appearing for students from Kundapura and Advocate General PK Navadgi, appearing for the State, on the aspect of interim relief.Asserting their right to practice religion, the petitioners argued that denial of interim relief would amount to suspension of their rights. "That will be a total affront to their rights. We are told to choose between food and water and both are essential...When your lordships are considering interim reliefs, your lordships will lean in favour of a situation where individuals can exercise their fundamental rights," Kamat argued."It is a matter of few days. Please cooperate," the Chief Justice urged.Hegde responded, "For few days we cannot be asked to suspend our faith."The Bench then made it clear that it will restrain everyone from adopting religious practices during the pendency of the case.Petitioners asset Fundamental Rights under Article 25At the outset, Hegde cited the Supreme ...

Hijab Ban : Karnataka High Court Uploads Interim Order Banning Religious Dress In Classrooms In Colleges Where Uniform Is Prescribed

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