Karnataka High Court upholds ban on hijab in schools & colleges

BENGALURU: The Karnataka High Court's special bench on Tuesday dismissed all petitions seeking direction for permission to wear hijab in classrooms. The HC also stated that "wearing of hijab is not an essential part of Islam.

Prescription of uniform is constitutional and students can't object to it," Chief Justice Ritu Raj Awasthi read the judgement.

"We are of the considered opinion that wearing a hijab by Muslim women does not form any essential form of practice in the Islamic faith. The prescription of school uniforms is only a reasonable restriction and are constitutionally permissible which the students cannot object," the bench said.

"In view of the above we are of the considered opinion that the government has the power to issue the government order 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 the 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.

The bench after commencing the session said that keeping the holistic view of the entire matter, it has formulated a few questions and they have answered them.

"The questions which are formulated are whether wearing of the hijab, headscarves are a part of essential religious practice in Islamic faith protected under Article 25 of the constitution?

"The second question is whether the restriction of school uniforms is not legally permissible and being violative of petitions fundamental rights guaranteed under Article 19 (1) (a) freedom of expression and privacy?

"The third question is whether government order dated February 5, 2022, apart from being incompetent is being issued without application of mind and further it is manifested arbitrary and therefore violates the Articles 13, 14 of the constitution?

"Whether any case is made out in the petition of issuance of direction initiating disciplinary enquiry and warrants against respondents?" The special bench said. (IANS)

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