HC upholds Hijab ban

Bengaluru: A full bench of the Karnataka High Court on Tuesday upheld the ban on wearing of the hijab in schools and colleges in the State and dismissed the petitions challenging the government stand.

The three-judge bench, headed by Chief Justice Rithuraj Avasthi, observed that the hijab was not part of the essential religious practice in Islamic faith and the prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, even as the aggrieved petitioner Muslim girls said they would continue their legal battle and termed the order as "unconstitutional". The other members of the bench are Justice Krishna S Dikshit and Justice Jaiunnesa Mohiyuddin Khaji.

The court has made an elaborate study in the matter and has quoted various documents from the holy Quran and its equivalent in the modern-day religious scriptures in Islam.

The 129-page verdict maintained that the wearing of hijab is not compulsory as per the Quran. "Surah indicates that the hijab is preferable but not obligatory. As a result, there are no consequences for not wearing the hijab," it said.

"In view of the above we are of the considered opinion that the government has power to issue the GO dated February 5, 2022 (restricting hijab in classrooms) and no case is made for its invalidation," the bench noted.

The bench further observed, "We are of the considered opinion that no case is made out for issuance of direction of disciplinary action and warrants against the respondents. Therefore, the petition in this regard is rejected as not maintainable."

"Accordingly in above circumstances all these petitions are devoid of merits and liable to be dismissed, and all the pending applications are not maintainable and disposed of," the bench underlined.

On the plea that hijab of the same colour as of the school uniform be allowed, the court said it was not impressed by this argument, saying it would establish a sense of "social-separateness", which is not desirable. "We are dismayed as to how all of a sudden that too in the middle of the academic term the issue of hijab is generated and blown out of proportion by the powers that be," the bench noted. Responding to the court verdict, the petitioners insisted they will not go to college without hijab and fight the case legally till they get "justice".

"We had approached the High Court seeking permission to wear hijab in the classrooms. The order has come against us. We will not go to the college without the hijab but we will fight for it. We will try all the legal ways. We will fight for justice and our rights," one of the girls said in a press conference in Udupi.

"The verdict which came today is unconstitutional...the constitution itself provides us (our rights) to follow my religion and whatever I can wear," Ayesha Almas, one of the six students who challenged the hijab ban, said. Her family said that they needed time to decide because the High Court ruling was just delivered.

On Monday, another petitioner, Aliya Assadi, tweeted, "Tomorrow is a verdict day and hope that justice will be done to the kids who are suffering for their fundamental rights. Hopefully, we'll be able to resume our normal educational routines soon. Let us intensify our prayers to the Almighty. He is, without a doubt, the best planner". She could not be reached for comment on the HC verdict.

Meanwhile, Chief Minister Basavaraj Bommai said everyone should abide by the verdict of the High Court and cooperate with the State government in implementing it. It was a matter concerning the future and the education of students, and nothing is more important than education, he told reporters.

Campus Front of India State president Athaulla Punjalukatte said that the students who struggled for their freedom to wear hijab have not received justice. "Denying the rights of kids is unconstitutional, so we will continue our legal struggle," he stated. "The high court has delivered the verdict but not justice'"

Yashpal Suvarna, vice president of the CDC at Women's Government PU College in Udupi, said the High Court decision paved the way for proper academic pursuit for students.