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Minorities Rule of Law

BREAKING: Wearing of Hijab not essential religious practice: Karnataka HC

The court’s judgement therefore did not enable lifting of the virtual ban on hijabs in Karnataka’s public education institutions

Hijab Controversy

In fresh developments in the ongoing controversy surrounding the ban on hijabs (a traditional scarf worn by Muslim women) in educational institutions in the state of Karnataka, the Karnataka High Court has ruled that wearing of hijab is not essential to the practice of the Islamic faith.

The court said, “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.

UPDATE: Karnataka High Court decision challenged in Supreme Court

A petition has been filed by a student in the Supreme Court against the High Court judgement that upheld the ban on hijabs in educational institutions. The move came just hours after Karnataka High Court ruled that wearing of hijab is not essential to the practice of the Islamic faith, and refused to strike down the state government’s ban, dismissing the students’ petitions challenging the February 5, 2022 order of the Karnataka government that  banned clothes “which disturb equality, integrity and public order” in schools and colleges.

According to news reports, the petitioner students told the media that they will fight the verdict. They said, “The constitution allows us the right to profess our religion. We are shaken, we expected so much. We will not go to college without the hijab.” Lawyer Anas Tanwir had previously shared on Twitter that students may soon appeal to the Supreme Court challenging the HC order.

 

The legal team for the students has now filed a Special Leave Petition (SLP) before the Supreme Court against the HC’s Hijab Judgement.

Brief background of the case

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.

Some were surrounded and heckled, others faced intimidation tactics by members and supporters of right-wing Hindutva groups. Some were even denied entry into educational institutions until they removed the traditional headscarf.

The contentious matter underwent several hearings in the Karnataka High Court that examined the following key questions:

  • Whether wearing hijab is essential practice in Islamic faith, protected under Article 25  of the Constitution?

  • Whether prescription of school uniform is not legally permissible as being violative of petitioner’s fundamental rightsin alia guaranteed under Article 19 (1) (a) that is Freedom of Expression an dArticle 21 that is Privacy, of the Constitution?

  • Whether the Government Order dated February 2, 2022, apart from being incompetent is issued without application of mind and further is manifestly arbitrary and therefore violates articles 14 and 15 of the Constitution?

  • Whether any case is made out in WP 2146 of 2022 for the issuance of direction for initiating disciplinary enquiry against respondent no. 6 to 14 and for issuance of Writ of Quo warranto against respondent no. 15 and 16?

The court ruled that no case was made out for invalidating the Feb 5 Government Order.

The entire order may be read here: 

Related:

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?

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