Hijab controversy Updates: Hearing adjourned till Wednesday

Hearing adjourned till Wednesday

"I respectfully submit that the sweep of your lordship's order is extremely board and it is in the teeth of Article 25 and other rights. Kindly make some leeway. In the meanwhile permit us to wear the head scarf in addition to uniform. Consideration will take time. This order in effect suspends fundamental rights. Kindly do not continue this interim order," says Senior advocate Devdatt Kamat who represents the petitioner   

At a school in the district headquarters town of Shivamogga, a Burqa-wearing girl refused to write her exam when the school authorities asked her to remove her Hijab first. READ STORY

Senior Advocate Devdatt Kamat, appearing for petitioners, said that the word “public order” is used in the Constitution 9 times. He said that the words used in the government order cannot have two meanings. It only means public order. Kamat then placed translation of the Constitution in Kannada on record to argue that the translation uses the same word for public order in every provision as is used in the government order.

A day ahead of reopening of pre-university colleges in Karnataka, which were shut due to protests over wearing of Hijab inside classrooms, state Home Minister Araga Jnanendra on Tuesday said authorities have been directed to identify and initiate legal action against religious organisations attempting to break the society and corrupt innocent students. "Some religious organisations are using students to try to divide the society.. Instructions have been given to identify them and initiate appropriate legal action against them," the minister said in a statement. He claimed that not all but a few students were insisting that they be allowed to go to the school wearing Hijab. "In my view it is not their (students) natural view (insisting on wearing Hijab). We all must respect the interim order of the Karnataka High Court and act accordingly," Jnanendra said.

 A PG Govt College in Datia asks its students to "not wear community-specific outfits, hijab in college," following a demonstration by some protesters after a video showing two students wearing hijab in the college emerged

 Amid a row on wearing hijab in classrooms, several leaders of minority community including Zameer Ahmad, Rizwan Arshad, Khanija Fathima, Tanveer Sait, Saleem Ahmad, and UT Khader met Chief Minister Basavaraj Bommai in Bengaluru today

NCP leader Majeed Memon on Tuesday said that the teachers removing hijab before entering schools in Karnataka 'showed the malice behind it while objections on students could be arguable'. "The objection to girl students wearing hijab in schools in Karnataka is arguable due to the prescribed uniform. But objection to teachers wearing hijab exposes malice behind it by those who create a scene on the subject," Majeed Memon said. The reaction comes after multiple videos surfaced in which it was allegedly shown that students and teachers were asked to remove hijab outside the gate of the school.

Five of the protesting Muslim girls have approached the Karnataka High Court seeking that the hearing into the case be deferred till February 28 in view of the Assembly elections. They have claimed because of the agitation, the case has taken an 'ugly turn' and 'mobilized the communities on a communal line'. 

The All India Muslim Personal Law Board (AIMPLB) has said that Muslim women must come forward to dispel misconceptions about 'hijab' and 'purdah' to counter people who are spreading hate in the name of protests against it. "My dear sisters, use this time to inform people about hijab, dispel the prejudice, express that you are not oppressed with the hijab but are respected, honoured and free with it. Your success is the success of all Muslims," said Maulana Umrain Mahfooz Rahmani, general secretary of the board in a social media session. Muslim women have freedom and are given respect and honour to the point that Jannat is said to be under the feet of the woman, he added.

Congress legislators on Monday attended the joint session of the Karnataka Assembly wearing black badges amid hijab row under the leadership of Opposition leader Siddaramaiah. The party maintained that they were "protesting the collapse of constitutional values during the administration of the BJP in the state." Kaneez Fathima, the Congress MLA attended the first day session clad in hijab.

13 students from the Government High School in Shivamogga district refused to take the SSLC (Class 10) preparatory examination after being asked to remove hijab. The students of Government Public School of Shivamogga district were stopped by teachers and asked to remove their hijab. The students, however, outrightly refused to shun hijab and demanded that they be allowed to write exams. The teachers and school management tried to convince them by asking them to write exams in a separate room without a hijab. However, the students rejected the offer and decided to boycott the examination. Parents of the girls, who reached school there, also supported their children and took them home saying that without hijab they can't attend classes.

Karnataka Congress president DK Shivakumar has criticised his party MLA BZ Zameer Khan for his "hijab will protect women from getting raped" remark, saying the party neither endorses nor agrees with the views expressed by the legislator. Khan has stirred a controversy by stating that incidents of rape are on high in India and wearing hijab will protect women from getting raped. He made the remarks on Sunday night at Dharwad in Karnataka. Defending his statement, Khan stated that he has expressed his personal opinion on the issue. "The beauty of women is not supposed to be exposed. No one should set their eyes upon them. Muslim women have been wearing hijab since long ago," he said. Shivakumar, however, said: "We will ask him not to issue any statements in this regard in future. We condemn those statements."

Amid the ongoing hijab controversy in Karnataka, Bihar Chief Minister Nitish Kumar on Monday said that he respects every religion and their rituals of worshipping. "If anyone wears a scarf on the head or sandalwood mark on the forehead, I believe it is not a controversial subject. Every person has a right to wear whatever they want. We have no interference. You never witness any single incident of such controversy in Bihar. It cannot be an issue of discussion," he said.

Senior advocate Devdatt Kamat, appearing for the petitioners, on Monday told HC that government can't restrict fundamental rights in the garb of maintaining public order. He said that the College Development Committee (CDC) has no legal statutory basis to frame rules on uniforms. "The government's decision in this regard shows lack of wisdom and a legislator heading the committee will decide on fundamental rights. It is not legal to restrict the wearing of hijab," he argued.

The Karnataka High Court on Monday adjourned hearing on the petitions filed in connection with the hijab row in schools and colleges till Tuesday. Last week, the high court had restrained students from wearing hijab or any other religious attire until further orders.

The Karnataka government has decided to reopen pre-university and degree colleges across the state, that were shut due to hijab row, from February 16. The decision was taken at a meeting chaired by Chief Minister Basavaraj Bommai, which was attended by Home Minister Araga Jnanendra, Primary and Secondary Education Minister BC Nagesh, Higher Education Minister CN Ashwath Narayan, and senior officials of the government.

Everyone should abide by the High Court order, said Karnataka Chief Minister Basavaraj Bommai on Monday, while speaking to media persons after attending the Business Advisory Committee meeting of the State Assembly. Amid the ongoing hijab controversy, the High court on Monday had resumed hearing on the petition challenging wearing hijab in colleges.