Karnataka: Wearing the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Constitution, which guarantees religious freedom, the Karnataka government told the high court on Friday.
Appearing for the state government, advocate general Prabhuling K Navadgi said that the government has taken a stand that wearing the hijab is not an essential practice under Islam.
Advocate Navadgi said, “My first submission is that the order is in consonance with the Education Act. Second is the more substantive argument that hijab is an essential part. We have taken the stand that wearing of hijab does not fall within the essential religious practice of Islam. Third is that right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so.”
The AG also rejected the charge of some Muslim students, who challenged the Karnataka government’s order on February 5 that barred students from wearing hijab or saffron scarves saying that it violated Article 25 of the Constitution.
The Advocate General also contended that the February 5 order of the state government was in accordance with the law and there was nothing to object in it.
The High Court, in its interim order pending consideration of all petitions related to the hijab row, last week restrained all the students from wearing saffron shawls, scarves, hijab and any religious garments within the classroom.
The hijab row started a month ago when Muslim students were denied entry into a pre-university government college in Karnataka’s Udupi town.
The reason offered by the administration was that the students adorned in hijabs were violating the dress code of their institute.
The students said the hijab was an integral part of their religion and as such affirmed their right to practise their faith.
The hijab row soon made its way into other parts of northern Karnataka where right-wing students, as well as Muslim women (supported by ambedkarite and student activists), protested against and in favour of the hijab, respectively.
Last week, the Karnataka HC stated that all educational institutions shall be reopened, and students can attend classes in keeping with the dress code- without their hijabs.
Earlier, on February 8, Congress politician Mukarram Khan stated that anyone who opposes the wearing of the hijab would be chopped into pieces. Later, an FIR was lodged against him in Kalaburagi.
“Hijab is an internal matter. We will not interfere with Hindu traditions, if you come to question our religion, nothing will be spared,” he had said.
Pertinently, various Indian and international organizations have severely criticized the Karnataka government’s move to ban hijab in educational institutions.
Free Press Kashmir is now on Telegram. Click here to Join.
FPK Android App for 2G. Click here to Download.
