Highlights
- On March 15, the high court had dismissed petitions filed by a section of Muslim students from Udupi
- Senior advocate Dushyant Dave added that there was no cause to issue guidelines in February.
- Karnataka government on Wednesday told SC that there is no restriction on wearing hijab on campus.
Karnataka hijab row: After 10 days of marathon hearing, the Supreme Court on Thursday reserved the judgment on a clutch of pleas challenging the Karnataka High Court verdict which refused to lift the ban on hijab in educational institutions of the state. On March 15, the high court dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside the classroom, saying it is not a part of the essential religious practice in the Islamic faith.
The state government had, by its order of February 5, 2022, banned wearing clothes that disturb equality, integrity, and public order in schools and colleges. A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia reserved the judgment after hearing the arguments from the counsel representing the state government, teachers, and the petitioners, who moved the apex court challenging the high court judgment. Senior advocate Dushyant Dave, representing some of the petitioners, while making rejoinder submissions said for those who are believers, the hijab is essential and for those who are not believers, it is not essential. He added that there was no cause to issue guidelines in February this year.
The bench told Dave if it is commenting on the high court's path, it is because the petitioners took it to that path. Senior advocate Huzefa Ahmadi, representing some of the petitioners, submitted that the argument of PFI was not raised before the high court and it is an argument introduced to create prejudice. Solicitor General Tushar Mehta, representing the Karnataka government, had alleged that till the year 2021, no girl student was wearing any hijab, and uniforms part of essential discipline in schools were being scrupulously followed.
However, then a movement was started on social media by an organization called Popular Front of India (PFI), and the movement was designed to create agitation. Mehta added there were messages on social media to begin wearing hijab and this was not a spontaneous act, instead it was a part of a larger conspiracy, and children were acting as advised. The petitioners' counsel cited the circular of the Karnataka government and added that there is no mention of any PFI activity rather, the circular cites observance of religious practices as a "hindrance" to unity and equality.
Dave submitted that the Department of Education had issued guidelines for the academic year 2021-2022, and according to the uniform is not compulsory. Therefore, Karnataka Government Order dated February 5 could not supersede these guidelines, he added. Dave submitted that for some people it is an essential practice, some people are more religious, some are more tolerant and it is an individual choice, and that is why the essential religious practice test was rejected long back.
The Karnataka government on Wednesday told the Supreme Court that there is no restriction on wearing hijab on the school campus, however, it is only restricted in the classroom while defending its decision to disallow hijab in classrooms of pre-university colleges. The state government also emphasized that it has not touched any "religious aspect" in the hijab ban row.
Also read: 'Definition of dignity has changed with time', SC observes during hearing on Karnataka hijab row
Also read: Karnataka: Several students injured following violence over social media post at medical college
(With inputs from PTI & IANS)
