India

‘Not essential religious practice’: Karnataka HC upholds ban on hijab, dismisses petitions

Delhi University Muslim Students Federation activists hold placards during a protest over hijab ban in Karnataka, outside Arts Faculty in New Delhi, on Feb 8, 2022. [Photo: Twitter/MSF DU]

Banglore: The Karnataka High Court on Tuesday, in its verdict, said that hijab is not an essential religious practice and dismissed various petitions challenging the ban.

Ahead of the order, the state government of Karnataka also banned large gatherings for a week in Bengaluru “to maintain public peace and order”.

A bench of Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi said that no case is made out for invalidating the Government Order of February 5.

The Muslim students with hijab were first disallowed to enter college in January in Government PU College in Udupi. Following this, the students sat in protest sat outside college over being denied entry.

After this, some Hindu students, also workers of the Hindu right-wing party, of several colleges in Udupi started attending classes wearing saffron scarves.

The protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka.

The Karnataka government later banned the hijab-wearing. On February 5, the pre-University education board released a circular stating that the students can only wear the uniform approved by the school administration and no other religious attire will be allowed in colleges.

The order stated that in case a uniform is not prescribed by management committees, then students should wear dresses that go well with the idea of equality and unity, and do not disturb the social order.

A batch of petitions was filed against the government’s rule in the Karnataka High Court by students seeking permission to wear the hijab in educational institutions.

Pertinently, the High Court’s verdict has evoked mixed reactions from across the political spectrum. While BJP politicians welcomed the decision, opposition members including politicians from Kashmir- Mehbooba Mufti and Omar Abdullah- criticized the verdict, slamming it as a ‘denial of constitutional right’ to women and demanded an appeal.

 

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