Hearing to continue on Monday
Bengaluru: The Karnataka High Court on Friday resumed hearing a bunch of petitions, filed by students of the Government Pre-University College for Girls, Udupi, challenging Hijab ban inside classrooms.
During the hearing, Advocate General Prabhuling Navadgi told the High Court that wearing of hijab is not an essential practice in Islam and that the practice of hijab must pass the test of “constitutional morality”.
“We (Karnataka government) have taken the stand that wearing of hijab does not fall within the essential religious practice of Islam. Practice of Hijab must pass the test of Constitutional morality and individual dignity as expounded by the Supreme Court in the Sabrimala and Shayara Bano (Triple Talaq) cases,” the AG told the three-judge HC bench, comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice Khaji Jaibunnesa Mohiyuddin.
“The right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so,” Navadgi added.
He said that the uniform prescribed in the government colleges has been worn by girl students, irrespective of religion, for years.
“Prescription of uniform was there in this institution in 2013…There was no difficulty till December 2021, when a group of students, possibly petitioners, approached the principal and insisted that they will enter wearing hijab,” AG pointed out.
He said that the court must see if this exercise affects public order or morality. “If somebody is to assert the exercise the right to freedom of religion. The court will have to see if this exercise affects public order, morality. Whenever challenge comes before court. The first test according to me, whether it comes against public order, morality or health,” Navadgi argued.
The hearing in the case will continue on Monday next week as more fresh petitions were filed on Friday. The HC bench gave the petitioners time to present their case on Monday.
Last week, as a precautionary measure amid the ongoing hijab row in Karnataka, the Udupi district administration had imposed prohibitory orders under Section 144 of CrPC in areas around all high schools in the district from Monday till February 19. The order came into force from 6 am on February 14 to 6 pm on February 19.
As per the district administration’s order, the assembly of five or more members around the schools will not be allowed. The administration has banned public gatherings including protests.
The Hijab protests in the state began at the Government Girls PU college in Udupi on February 4 when some students alleged that they had been stopped from attending classes as they were wearing hijab. As per the pre-University education board’s circular, students can only wear the uniform approved by the school administration and no other religious practices will be allowed.