Karnataka HC’s verdict on Hijab row LIVE: Judgment out; Hijab not essential part of Islam

Students of The New College in Chennai protested against the Karnataka High Court’s verdict over the Hijab Row. 

Speaking to the media on the Hijab verdict, BJP MP Tejasvi Surya said, “I welcome the judgment of the Karnataka High Court; it’s a very important step towards strengthening the educational opportunities and rights of girl students, especially for those belonging to the Muslim community.” He added, “A section of society was trying to deprive Muslim girls of embracing education and modernity… going in appeal is people’s right and they may do so, however… it’s necessary for all parties to follow the order of the court, both in letter and spirit”. 

After pleas seeking the wearing of Hijab in classrooms were dismissed by the Karnataka HC on Tuesday, the petitioners are likely to approach the Supreme Court. This was revealed by Anas Tanwir, who is an Advocate-on-Record in the Supreme Court, who met some of the Muslim girl students that have been affected by the HC order. Observing that they will continue their education while exercising their right to wear Hijab, he clarified, “These girls have not lost hope in Courts and Constitution”.

“I welcome the historic verdict on Hijab row passed by the Hon’ble High Court of Karnataka. Everybody should respect and follow the court’s order and maintain communal harmony. Nobody should try to vitiate the academic atmosphere by instigating students. Let’s strive for providing better education to our children,” Karnataka Minister Murugesh Nirani said.

Taking to Koo, Karnataka Minister K Sudhakar said, ‘Hijab is not an essential practice of Islam and can’t be allowed in schools and colleges, rules Karnataka High Court. I welcome the judgment as it upholds the sanctity of uniforms and brings the focus in schools and colleges back on education.” 

“I’m happy that the government’s stand has been upheld by Karnataka High Court. I request to the girls who went to the court should follow the judgment, education is more important than any other things,” Karnataka Education Minister BC Nagesh commented on the Karnataka High Court’s verdict on the Hijab row. 

Speaking to the media on the Hijab row verdict, Karnataka Advocate General Prabhuling Navadagi observed, “Institutional discipline prevails over individual choice”. 

Speaking to the media, Union Minister Pralhad Joshi remarked, ” I welcome the Court’s decision. I appeal to everyone that the state & country has to go forward, everyone has to maintain peace by accepting the order of HC. The basic work of students is to study. So leaving all this aside they should study and be united.” 

At the outset, Karnataka Chief Justice Ritu Raj Awasthi stated that the bench formulated a few questions such as whether wearing hijab is essential religious practice under Islam and whether the Government Order of February 5 was issued without any application of mind. The court ruled that wearing of Hijab by Muslim women is not a part of essential religious practice under Islam.

Moreover, it added that the prescription of the school uniform is only a reasonable restriction that students cannot object to. The HC held that the state government has the power to issue a Government Order. Thus, it dismissed all writ petitions filed by Muslim girl students seeking permission to wear Hijab in colleges and challenging the government order of February 5. 

A bench comprising Chief Justice Ritu Raj Awasthi, Justices Krishna Dixit and JM Khazi have assembled in the courtroom. The proceedings can be viewed LIVE here:

Security has been tightened outside the residence of Karnataka High Court Chief Justice Ritu Raj Awasthi. A bench led by him will deliver the judgment at 10.30 am today.

Section 144 was imposed in Udupi and other districts of the state. District Magistrate Kurma Rao M had yesterday announced that all schools and colleges in the district will remain closed on March 15.


 

In a Republic TV’s super exclusive report on February 23, Campus Front of India leader Aseel Akram admitted on camera that the organization was allegedly leading the protests in colleges across the state amid the hijab row. Speaking to Republic TV, Akram confirmed that they were ‘supporting the women’ and leading the ‘protest from the front’.  A meeting was called by the CFI, which as per the leader had in attendance all the members of the organization. 

While the hearing was underway on the same day, senior advocate Naganand SS said, “Some persons from Campus Front of India which seems to be a radical type to school and started insisting that the girls wear hijab. When refused they started behaving rashly and started protesting. Then Muslim girl students refused to attend classes without hijab.” Responding to Advocate Naganand, CJ Awasthi asked, “What is CFI? What is this organization?”

Advocate Naganand SS stated, “It is an organization spearheading this drum beating of hijab agitation. It is not an educational organization or representative of students. It is some organization which comes and creates this commotion”. A day later, Karnataka Advocate General Prabhuling Navadgi submitted details pertaining to the CFI in a sealed cover to the bench and mentioned that a case had been registered against members of the CFI who allegedly threatened some teachers in the Government PU Girls College in Udupi. 

Filing an affidavit before the Karnataka HC, the Basavaraj Bommai-led government argued that students cannot be allowed to wear Hijab inside classrooms. It pointed out that the petitioners and parents were fully aware of the uniform system in the P.U. College at the time of admission. Revealing that the petitioners sought an exemption to wear Hijab only in December 2021, it clarified that wearing of Hijab inside the premises of the educational institution amounted to a violation of the code of conduct. While conceding that it is setting up a high-level committee to examine the larger issues of dress code and uniform system, the government reiterated that the existing uniform dress code will be followed until a policy is framed on the subject.

The affidavit stressed, “The very purpose of uniform and dress code is to maintain equality among the students and maintain dignity, decorum and discipline in the classroom. The feelings of oneness, fraternity and brotherhood shall be promoted within an institution. In educational institutions, students should not be allowed to wear identifiable religious symbols or dress code catering to their religious beliefs and faith. Allowing this practice would lead to a student acquiring a distinctive, identifiable feature which is not conducive for the development of the child and academic environment.”

“The educational institution is not a place to profess, preach any particular religion or caste and on the contrary students have to maintain uniform and for this noble object the students are required to wear uniform and cloth as prescribed by the institution or concerned authority. Allowing any student to wear cloth other than prescribed uniform cloth or pattern will amount to preferential treatment, resulting in violation of Article 14 of the Constitution of India of other students by unfollowing the uniform dress code. Petitions are liable to be rejected on this ground alone,” the state government affirmed. 

The controversy came to the fore in December 2021 when the Government Pre-University College in Kundapura issued a circular which imposed a ban on wearing hijab in classrooms. As some students were not allowed to enter classrooms due to this rule, there was a considerable uproar. In the last few weeks, chaotic scenes were witnessed with some Hindu students seeking to attend college donning saffron shawls in protest against Hijab in various places across Karnataka including Vijayapura, Mandya, Bagalkot, Hassan, Belagavi, Davangare, Kodagu, Chickaballapur, Haveri and Kalaburagi. 

Meanwhile, 5 students of Government P.U. College for Girls, Udupi moved the Karnataka HC seeking permission to attend classes while wearing a Hijab citing fundamental rights and a direction to the effect that it is an “essential practice” of Islam. On February 5, the Karnataka government issued an order prohibiting clothes that disturb equality, integrity and public law and order in colleges where a uniform is not mandated. After hearing the matter for two days, a single-judge bench of Justice Krishna Dixit referred the case to a larger bench on February 9.

On February 10, a three-judge bench of the HC comprising Chief Justice Ritu Raj Awasthi, Justices Krishna Dixit and JM Khazi restrained all students from wearing saffron shawls, scarves or hijab until further orders. This will be applicable to the institutions wherein the College Development Committees have prescribed the student uniform. A day later, the petitioners challenged the HC’s interim order before the Supreme Court but the latter refused to interfere in the matter at this stage.