Karnataka 'Hijab Ban' Case In HC: Updates To Know

by GoNews Desk 2 years ago Views 2780

hearing on prohibition of hijab in some junior col
During the hearing on prohibition of hijab in some junior colleges in Karnataka on Tuesday, the Karnataka High Court stated that they will be guided by reason rather than passion or emotion. In addition, the HC stated, "We will adhere to the Constitution's provisions. For me, the Constitution is the Bhagavad Gita."

The Advocate General told the Karnataka High Court that colleges have been given liberty in terms of uniform design. Students who request an exemption can visit the College Development Committee, according to the Advocate General.

The petitioner's senior lawyer, Devdutt Kamat, stated that wearing a headscarf or hijab (instead of a burqa or veil) is an essential component of Muslim heritage. According to lawyer Devdutt Kamat, the state's position is not so clear. As a result, they are opposed to the petition.

Wearing hijab is exempt under section 19(1)(a), according to the petitioner's attorney, and can only be prohibited under section 19(2). (6). Wearing the headscarf, according to advocate Devdutt Kamat, is an aspect of the right to privacy that has been recognized as part of Article 21 by the Supreme Court's Puttaswamy decision.

The petitioner's lawyer stated that the state government's decision prohibiting hijab in colleges violated the Karnataka Education Rules and that the state had no authority to issue it.

He asserted that the state government lacks the jurisdiction to determine what constitutes a mandatory religious practice and what does not. Only the Constitutional Courts have the authority to make a decision in this matter. The right to profess religion is a basic human right that must be balanced against public order, health, and morality. Meanwhile, a Karnataka High Court judge stated that the state is unable to draw any conclusions.

The petitioner's lawyer further mentioned the Kerala High Court's judgement not to recognise or restrict the hijab or headscarf as a component of the uniform for female SPC candidates.

The Karnataka government's decision to outlaw the hijab is based on the Kerala High Court's finding that the hijab is not required for Islam, according to lawyer Devdutt Kamat.

However, in the instance of a school in Karnataka, this ruling has no bearing. This is due to the fact that the Kerala High Court decision dealt with the right to wear the hijab in a private Christian institution rather than a government institution.

ALSO READ: Karnataka Colleges Hijab Ban: Case In HC Amid On-Ground Stone Pelting

The Karnataka High Court is now hearing four petitions challenging educational institutions' refusal to allow female Muslim students to attend classes because they wear a hijab (headscarf).

The petitions claim that the institutions are discriminating against the petitioners and other Muslim female students by refusing to admit them because they wear the headscarf.

The Kerala government has issued an order clarifying that hijab or any other religious sign cannot be worn as a student police cadet (SPC) uniform.

The hearing has been adjourned until 2.30 PM tomorrow, February 9th 2022.

Latest Videos

Latest Videos

Facebook Feed