Hijab row: No religious attire in schools, says Karnataka High Court

Bengaluru: Amid unrest and violence over the wearing of hijab by some students, the Karnataka High Court on Thursday ruled that no religious symbols are allowed for students until its final order, thus barring both hijab and saffron shawls in school and college premises.

"We want to make an interim order on the matter of hijab row. Peace has to return to the state. Schools and colleges must open soon. This is not the final order. Until the final order is given, students must attend the schools in uniform without hijab or saffron shawls," Chief Justice Ritu Raj Awasthi, who is heading a three-judge bench hearing the matter held.

The orders have been given orally and written orders are yet to issued.

"We will hear the matter every day and issue orders soon," CJ Awasthi said.

The bench, which also comprises Justice Krishna S. Dixit, and Justice Khaji Jaibunnesa Mohiyuddin, declined, at this stage, the arguments of petitioners seeking orders to the government for allowing students to wear hijab to classrooms.

Earlier, while hearing the arguments, the Chief Justice told Advocate General Prabhuling Navadagi to open schools in the state.

"Closure of schools is not a good development. Take necessary action and conduct classes. See to it that no problem surfaces," he stated.

Amid tensions, the state government on Tuesday announced a three-day holiday for schools and colleges.

During the hearing, senior counsel Sanjay Hegde, appearing for a petitioner, submitted that the Karnataka government has no right to frame rules on uniform, as per the 1983 Karnataka Education Act.

The rules on uniform could be framed by the the College Development Committee (CDC) and School Development and Management Committee (SDMC), he maintained.

"How judicious it is to force prohibitions for the reason of hijab... if prohibitions are clamped for the public interest, it is tenable. The medical student was allowed to write examinations wearing hijab in 2015 as per the court orders. Wearing of dress comes under Article 19 (1) of the Constitution. The Supreme Court decision in the Divya Yadav case discussed the right to wear dresses of their choice," he said. As per Article 25 (1), wearing of hijab is a religious right. Sikhs are permitted to carry a dagger and are given exemptions from wearing helmets, he added.