BENGALURU: Claiming that wearing of the hijab is an essential religious practice, senior advocate Devadatt Kamat on Thursday asserted before a full bench of the Karnataka high court that during the course of the advocate general’s arguments, the state government had “given up 90% of its claim vis-a-vis the February 5, 2022 order” by citing the over-enthusiasm of the draftsman and by mentioning public decency as public order.
Appearing for two girls from Government PU College in Udupi, Kamat said: “Much of my task as far as this government order is concerned has become very easy because 90% of it has been given up or conceded by the AG. They have cited three high court judgments. The government’s understanding appeared to be that the judgments say that hijab is not essential to Islam. This understanding in the government order is totally flawed for various reasons. These three judgments do not say that head scarf is not an essential religious practice. The AG has given up on this. This part of the GO has to go as also the operative part.”
He said the two girls had been wearing hijab from the time of their admission but were stopped from attending classes following the February 5 order. Kamat said if the judgments are irrelevant, where is the material to arrive at the understanding that hijab is not a part of a fundamental right?
He added that the AG had said the last three lines of the order were unnecessary and not required. On repeated queries from Chief Justice Ritu Raj Awasthi to establish his rights under Article 25, Kamat said the court has to look into infringement first.
The high court, meanwhile, declined to entertain on the ground of maintainability a PIL filed by the All India Democratic Women Association (AIDWA)in relation to the controversy.
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