Kashmir Digits

Hijab Ban: In a huge setback to students who had challenged a ban on wearing the hijab in class, the Karnataka High Court dismissed all pleas saying that wearing Hijab is not an essential religious practice under Islam.

Ahead of the order, the state government banned large gatherings for a week in state capital Bengaluru “to maintain public peace and order”. Mangalore too banned large gatherings from March 15 to 19. Schools and colleges are closed in Udupi today. 

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The Karnataka High Court had temporarily banned religious clothes, including Hijab and saffron scarves, last month as the controversy snowballed into protests and a face-off between different sections of students.

HC bench also upholds the February 5, 2022 government order pertaining to dress code issued by the state government.

The three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justices Krishna S Dixit and JM Khazi on Tuesday dismissed all petitions related to hijab case.

The high court said in its verdict that the restriction on wearing of uniform is a reasonable restriction that students cannot object to.

Responding to the verdict, Karnataka education minister BC Nagesh said, “The uniform is there just to ensure all students feel equal, so no inferiority or superiority complex arises among the young minds of the country.”

HC verdict | What the bench said

“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith. The answer to second question is, we are of the considered opinion that the prescription of school uniform is only reasonable restriction constitutionally permissible which the students cannot object to. The answer to third question is, in view of above we are of the considered opinion that the government has power to issue the impugned government order dated 5-02-2022 and no case is made out for its invalidation. The answer to fourth question is, we are of the considered opinion that no case is made out in WP 2146/2022 for issuance of a direction for initiating disciplinary enquiry against respondents is rejected being not maintainable,” the bench said.
The bench further said, “Accordingly in the above circumstances, all these writ petitions being devoid of merits are liable to be and liable to be dismissed.”