HC reasons: It is not essential part of Islam; verdict challenged in SC
Muslim girl students cannot wear hijab (headscarf) inside classrooms. The Karnataka High Court on Tuesday upheld the ban on hijab in educational institutions in the State by dismissing pleas of Muslim girls. The court said hijab is not part of the essential religious practice in the Islamic faith.
The HC order drew criticism from senior Muslim leaders like Mehbooba Mufti (PDP), Omar Abdullah (National Conference), and AIMIM leader and Lok Sabha member Asaduddin Owaisi. The Muslim girls who had opposed the Government order against wearing hijab in classrooms rejected the judgment.
Within hours of the HC order, a Muslim student filed a plea in the Supreme Court challenging the HC verdict.
A three-judge full bench of the High Court said the prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to.
Muslim students’ body Campus Front of India (CFI) protested against the “anti-constitutional order” and vowed to take all efforts to protect constitutional and individual rights.
Chief Justice Ritu Raj Awasthi-led bench said, “We are of the considered opinion that wearing of hijab by Muslim women does not form part of essential religious practice in the Islamic faith.” The CJ read out portions from the order. The other two judges in the panel were Justice Krishna S Dixit and Justice JM Khazi.
The bench also maintained that the Government has power to issue the impugned order dated February 5, 2022, and no case is made out for its invalidation.
By the said order, the Karnataka Government had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the HC.
The bench also rejected the plea to initiate a disciplinary enquiry against the college, its principal and a teacher. “In the above circumstances, all these writ petitions being devoid of merits are liable to be dismissed. In view of the dismissal of the petition, all the pending applications pale into insignificance and are accordingly disposed of,” said the HC.
Karnataka Chief Minister Basavaraj Bommai said everyone should abide by the verdict of the High Court on the hijab row, and cooperate with the State Government in implementing it. Speaking to reporters here, he said it was a matter concerning the future and the education of students, and nothing was more important than education.
“Everyone should abide by the verdict of the three-judge bench of the High Court. While we (Govt) implement it (the order), everyone should cooperate and maintain peace. Maintaining peace and order in society is of utmost importance. I appeal to the people, leaders of all communities, parents, teachers, and students to accept the order and cooperate in imparting education to students, in accordance with the court order,” he added.
He also asked students not to boycott classes and exams as some of them did during the preparatory exams, keeping their future in mind.
Primary and Secondary Education Minister BC Nagesh said efforts will be made to bring the “misguided” Muslim girls to the mainstream, even as he described the verdict as “landmark”.
“We will try to win the hearts of those girls who were misguided. We will try to bring them in the mainstream of education,” Nagesh told reporters.
But the Udupi Muslim girls who have filed the petition in High Court seeking permission to wear hijab inside the classrooms were defiant and said they will not go to college without a hijab and fight the case legally till they get “justice”.
“We had approached the High Court seeking permission to wear hijab in the classrooms. The order has come against us. We will not go to the college without hijab but we will fight for it. We will try all the legal ways. We will fight for justice and our rights,” one of the girls said in a press conference in this coastal town.
Kerala Governor Arif Mohammed Khan welcomed the court ruling. At the start of the hijab controversy, Khan had said the wearing of the headscarf was not an essential religious practice in the Islamic faith. “I sincerely pray and hope that these continuous attempts to push back the young women, especially young Muslim women, into the four walls of the house, fall down,” Khan said.
The Campus Front of India, responding to the HC order, said the “court verdict on hijab ban destructs the fundamental rights enshrined in the Constitution.”
“The BJP regime is trying to implement their agenda and dehumanise a community and the High Court verdict can now be a catalyst for their polarising agenda,” CFI said in a statement uploaded on Twitter.
“It is an alarming sign that the judiciary interprets religious texts...We will never accept this anti-constitutional verdict and will continue all efforts to protect the constitution and individual rights,” it added.
AIMIM leader and Lok Sabha MP Asaduddin Owaisi rejected the HC judgment and wanted the All India Muslim Personal Law Board (AIMPLB) and organizations of other religious groups to appeal against the order.
...If it is my belief & faith that covering my head is essential then I have a right to EXPRESS it as I deem fit. For a devout Muslim, Hijab is also an act of worship.”
“It’s time to review the essential religious practice test. For a devout person, everything is essential & for an atheist nothing is essential...” he said in a series of tweets.
PDP leader and Jammu & Kashmir former chief minister of Mehbooba Mufti said, “Karnataka HC’s decision to uphold the hijab ban is deeply disappointing.
“On one hand we talk about empowering women yet we are denying them the right to a simple choice. It isn’t just about religion but the freedom to choose,” she wrote on Twitter.
National Conference (NC) leader Omar Abdullah said it was a “travesty” that the court did not uphold the basic right of a woman to choose how she wants to dress.