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Students of a Government Pre Uinviersity college in Yadgiri, Karnataka waked out in protest, boycotting classes and exams as soon as the Karnataka high court pronounced its verdict and proclaimed that “hijab is not an essential part of Islam”. The hijab-clad women students were seen on a video walking out of their class in protest.
Students of a Govt PU college in Yadgiri, Karnataka boycott classes and exams in protest of the High Court judgment that upheld ban on hijab in educational institutions. @TheQuint pic.twitter.com/usHioa0cyJ
— Nikhila Henry (@NikhilaHenry) March 15, 2022
The Karnataka High Court has ruled that wearing of hijab is not essential to the practice of the Islamic faith, saying, “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.” It further said, “We are of the considered opinion that the prescription of a school uniform is only a reasonable restriction Constitutionally permissible which the students cannot object to.”
This decision virtually backs the ban on hijabs and deals a blow to the pro-hijab groups. A nuanced approach to the wider issue of access to education for Muslim girls – their bodily agency, privacy and autonomy – especially for girls hailing from conservative families, was rejected, and the entire debate became communally polarised.
The hijab controversy had originally erupted in wake of a Government Order issued on February 5 against the wearing of religion specific clothing in schools and pre-university colleges where a uniform has been prescribed. What followed was harassment of hijab-wearing girls on school and college campuses across the state.
Even before the hearing had begun Bengaluru Police Commissioner Kamal Pant had issued orders prohibiting gatherings of all kinds in public places. The order shall remain in place till March 21, stated news reports. Section 144 has also been imposed in other areas including Bengaluru, Mangaluru , Udupi, Hassan, Chikkaballapura, Kolar, Dharwad, and Davanagere.
Karnataka Chief Minister Basavaraj Bommai called it a “question of the student’s education and future,” and asked that peace and harmony be maintained. Bommai said, “Students should follow the high court order and should not boycott classes or examinations. We will have to abide by the court orders and will take strict action against those who would take law and order in hands.”
ಕರ್ನಾಟಕ ಹೈಕೋರ್ಟಿನ ತ್ರಿಸದಸ್ಯ ಪೀಠದ ನ್ಯಾಯಮೂರ್ತಿಗಳು ಹಿಜಾಬ್ ಕುರಿತು ಇಂದು ನೀಡಿದ ತೀರ್ಪಿನ ಕುರಿತು ಮಾಧ್ಯಮದವರಿಗೆ ಪ್ರತಿಕ್ರಿಯೆ ನೀಡಿದ ಸಂದರ್ಭ. pic.twitter.com/ZCKvwAEnp3
— Basavaraj S Bommai (@BSBommai) March 15, 2022
Lawyer Anas Tanwir shared on twitter that students may soon appeal to the Supreme Court challenging the HC order.
Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution.#Hijab pic.twitter.com/MFVJkQGj5T
— Anas Tanwir (बुकरात वकील) (@Vakeel_Sb) March 15, 2022
Indeed, the six girls who were petitioners in the case, held a press conference soon afterwards and according to a translation posted by journalist Imran Khan, said, “We didn’t get justice by the high court judgement. We thought HC will uphold constitutional values. We won’t go to college without hijab. If Ambedkar was alive he would be crying.”
*We didn’t get justice by the high court judgement. We thought HC will upheld constitutional values. We won’t go to college without #hijab. If #Ambedkar was alive he would be crying* says six girl student petitioners from #Udupi #Karnataka #KarnatakaHighCourt #KarnatakaHijabrow pic.twitter.com/hFjoKO0D54
— Imran Khan (@KeypadGuerilla) March 15, 2022
The ruling has also been criticised by community leaders and senior politicians who have called it deeply disappointing.
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. Its isn’t just about religion but the freedom to choose.
— Mehbooba Mufti (@MehboobaMufti) March 15, 2022
1. I disagree with Karnataka High Court’s judgement on #hijab. It’s my right to disagree with the judgement & I hope that petitioners appeal before SC
2. I also hope that not only @AIMPLB_Official but also organisations of other religious groups appeal this judgement…
— Asaduddin Owaisi (@asadowaisi) March 15, 2022
However, politicians from the state, mostly those from the BJP, are hailing the HC order:
The HC judgement is an important step in the direction of mainstreaming & strengthening education opportunities of girl children.#Hijab #KarnatakaHighCourt
— Tejasvi Surya (@Tejasvi_Surya) March 15, 2022
#KarnatakaHighCourt upholds the order banning clothes that tend to disturb equality, integrity & public order in schools and colleges.
Guidelines laid down by the Govt of #Karnataka should be followed.
Students must wear a uniform style of clothes.#HijabControversy #HijabRow pic.twitter.com/63KgdxO9ZS
— P C Mohan (@PCMohanMP) March 15, 2022
National Commission for Women chairperson Rekha Sharma has also welcomed the decision that is being read as one upholding the Hijab ban, saying that students must follow the dress code prescribed inside an educational institution by the administration.
National Commission for Women (@NCWIndia) chairperson #RekhaSharma (@sharmarekha) welcomed the decision of #KarnatakaHighCourt on Hijab ban, saying that students must follow the dress code prescribed inside an educational institution by the administration. pic.twitter.com/DwyLFmvbHp
— IANS (@ians_india) March 15, 2022
Related:
BREAKING: Wearing of Hijab not essential religious practice: Karnataka HC
Karnataka: Two Private Pre-University colleges allow students to wear Hijab
Hijab ban: News media loses interest but student protests continue
Hijab Ban: Identity politics or body policing?