Hijab controversy: Karnataka High Court defers hearing till tomorrow

After a near week-long hijab row forced holiday, high schools in Karnataka reopened on Monday, amid prohibitory orders in Udupi, which witnessed violence and tension last week, and sensitive areas of Dakshina Kannada and Bengaluru. Section 144 of the Criminal Procedure Code has been imposed in sensitive areas in the said districts. In Udupi district, all the schools that reopened witnessed normal attendance, Education Department sources said. Muslim girl students who reached the school campuses wearing hijabs, and removed them before entering classes.

Challenging the government order restricting the use of any cloth that can disturb peace, harmony and, law and order, the girls who petitioned in favour of hijab requested the Karnataka High Court on Monday to allow them to wear Islamic headscarves of the colour of the school uniform. The girls made the plea to the full bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna M Dixit. Read more 

During hearing, an advocate makes a mention of an application to restrict media & social media comments on issue as elections are going on in other states & to postpone matter after elections. Karnataka HC said that "if EC makes this request or some authorities then we can consider this".

Section 144 of the Criminal Procedure Code has been imposed in sensitive areas in the districts of Udupi and Dakshina Kannada, and Bengaluru.

The Karnataka High Court has adjourned the hearing in the Hijab case till tomorrow. Meanwhile, high schools in Karnataka reopened today after being shut from last Wednesday following untoward incidents over the hijab ban, 

Advocate Kamat said that the state is an outside authority, it cannot say that wearing a headscarf is essential practise or not. It has to be seen from the view point of a believer.

Petitioners urged the HC to allow hijab if there is no law-&-order threat. Petitioners' advocate said that two High Courts allowed hijab and that Karnataka should also allow this.

Kamat: Quran says it is 'farz' to wear hijab. Students are seeking to wear hijab of the same colour as their uniform.

Advocate Devadatt Kamat submits that allowing hijab for Muslim students is a national level practice. Allowance for Sikhs students' head gear is also there. This is not a case where students are insisting for a different uniform. They are only saying they will cover the head with the same colour of the uniform that is prescribed. Senior Advocate Kamat points out that Muslim women are allowed to wear headscarves in Kendriya Vidyalaya.

HC: But this is their understanding of the three judgments they have referred to in their order. They have not put anything of their own. They have said that according to these rulings, wearing a headscarf doesn’t fall under Article 25

Kamat said that Article 25 rights are not subjected to reasonable restrictions as under Article 19. The Chief Justice then said Article 25 starts with the words "Subject to". What does it mean? Kamat said that public order is not a mere law and order disturbance. "When there is a heightened sense of law and order, it will be public order."

High Court says that it wants to understand if this government order, in any way, has infringed Article 25 rights? "The question is whether this right conferred under Article 25 is an absolute right or relative subjective to certain restrictions?" Chief Justice Ritu Raj Awasthi asks.

The whole idea of Quranic injunctions and Hadiths is to reduce the rights and obligations to formulate certain standards of behaviour of individuals in his conduct in obedience to the commands of the God: Advocate Devadatt Kamat quotes from Kerala HC judgment.

Kamat said that the declaration made by the government that wearing a headscarf is not protected by Article 25 is totally erroneous. I will demonstrate. The advocate added that only aid to the State to restrict Article 25 is public order. Now, public order is a state responsibility. Can a College Development Committee, consisting of MLA and subordinates, decide if this exercise of a right is permissible? In this case, we are not concerned with morality or health, so the only restriction that can aid the state is public order.

Senior Advocate Kamat said that the delegation to the College Committee to decide whether the hijab is allowed or not is completely illegal. Kamat apprises Karnataka HC that the GO (government order) says wearing of headscarves is not protected by Article 25 and the Government Order says it to leave it to College Development Committee to decide whether it shall be a part of the uniform or not.

Senior Advocate Devadatt Kamat makes submissions before the bench. He starts with submissions against the state government's order of February 5. Senior adv Devadatt Kamat, appearing for the petitioner, submits before Karnataka HC that the Government Order (ban on hijab) is a non-application of mind. He says this GO (government order) is in the teeth of Article 25 and it is not legally sustainable.

"This is humiliating a community, this is what happens when Fundamental Rights are suspended, where is my Dignity. Is this not an attempt to make us Z Category citizens? Power is not eternal BJP must remember," tweeted AIMIM chief Asaduddin Owaisi.

Chief Justice: We may make a request to the media, our earnest request to media is to be more responsible. Let us make an effort to bring peace and tranquility to the state. We all shall behave as responsible citizens.

The Karnataka Assembly session which will commence from Monday, is expected to witness a high voltage drama as the ruling BJP government and opposition Congress are locking horns on controversial issues such as the anti-conversion bill, Mekedatu project and the hijab row. Governor Thaawarchand Gehlot is scheduled to address the joint session on Monday. The BJP is all set to table the controversial anti-conversion bill in the Legislative Council this session. It was passed in the Assembly during the winter session held in Belagavi Suvarna Soudha. The bill is expected to create furore as the Congress is all set to oppose it, and the BJP is expected to get it passed in the Council, even as the latter is short of majority by one seat. The Congress is also set to attack the state government on its inability to commence the work of Mekedatu project, opposed by the neighbouring Tamil Nadu. It had taken out a massive padayatra amid the third Covid-19 wave urging immediate commencement of the project, but stopped after intervention of the court.

Home Minister Araga Jnanendra said that parents need not worry about their wards as all necessary steps have been taken by the education as well as the home department to maintain law and order situation. Peace meetings have been conducted by the school authorities, education department officials, district authorities as well as parents for peaceful conduct of classes without confusion. 

In most of the schools, the Muslim students attended classes without hijab and a few institutes allowed them to attend classes wearing hijab. Police personnel have been deputed near all schools and authorities have made proper security arrangements near the premises of schools located in sensitive locations.

Karnataka college girl Muskaan Khan who confronted a crowd by raising slogans of "Allah hu Akbar" during protests that broke out on hijab row, continues to be in news. Congress MLA from Mumbai's Bandra Zeeshan Siddique came all the way from Maharashtra on Friday and paid visit to Muskan's residence in Mandya city. The MLA appreciated her "courage", assured support and gifted her an iPhone and smart watch. "I came from so far to meet the girl from our community who showed exemplary courage. I am happy for her courageous act," he stated. "Wearing hijab is a constitutional right. One can wear clothes of her choice. You have problem with her hijab or with the fact that she is getting educated," the Congress MLA said.

Taking a jibe on the BJP over the hijab controversy, Chhattisgarh Chief Minister Bhupesh Baghel on Sunday said that BJP is expert in spreading communalism and time has come for PM Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath to go. Baghel is in Kanpur on election campaign. Targeting the BJP on hijab controversy, Baghel, who arrived in Kanpur for door to door campaigning, said that those who have started it, do not know the consequences. On this issue, the principal of the college should have called the parents of the girls and talked to them.

Prohibitory orders under Section 144 of CrPC has been clamped around 200-metre radius of all the high schools within the city police commissionerate limits from Monday till February 19. The move is part of a precautionary measure in view of the hijab controversy. The high schools are reopening on Monday after the holiday declared by the state government. City police commissioner N Shashi Kumar issued the order, which will be effective from 6 AM on Monday till 6 PM on February 19. As the Mangaluru Commissionerate is currently a very sensitive region, the orders have been clamped to maintain law and order and to prevent crowd formation, the commissioner said in a communique. The Udupi district administration has already issued similar orders around all the high schools in the district for the same period.

Karnataka Congress MLA B.Z. Zameer Ahmed Khan stirred a controversy here on Sunday by stating that incidents of rape are on high in India and wearing hijab will protect Muslim women from getting raped in the country. Defending his statement, MLA Khan has stated that he only gave his point of view and he doesn't know what others think 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 back," he maintained. "Few people among us do not wear hijab. It is not mandatory to wear hijab, however I have asked our women to wear hijab for their safety. Please come to debate with me after getting the statistics of rape in the country," he added.

Amid the ongoing controversy of Hijab, Union Minister of Social Justice and Empowerment of India Ramdas Athawale has said that religion should not be taken to schools. "My suggestion is that religion should not be taken to schools," Athawale said.

The Udupi district administration has imposed prohibitory orders under Section 144 of Code of Criminal Procedure (CrPc) in areas around all high schools in the district from February 14 (Monday) till February 19 (Saturday). The move comes as part of a precautionary measure as the schools are reopening on Monday after the holiday declared by the state government in view of the hijab-saffron shawl controversy. READ FULL STORY

Amid hijab row, Karnataka Chief Minister Basavaraj Bommai has warned trouble makers of legal action as schools up to class 10 reopen today. "Our officers are observing messages that are put out on social media. They are also collecting information on their own. My first duty now is to see that schools and colleges are opened as early as possible and to create a cordial atmosphere for peaceful learning. The students must focus on examinations scheduled in March. Other things would be taken care of by investigative agencies," he said.

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. "Hijab is the identity of a Muslim and a respectable woman. It protects from the satanic aspects of the society. Over centuries, whichever society went towards embracing nakedness got destroyed and plagued by Allah's curse and wrath," he said.

Uttar Pradesh Chief Minister Yogi Adityanath on Monday slammed the religious fanatics and said their dream of Gazva-e-Hind will not be fulfilled even till the "Qayamat". Speaking further, the chief minister said the government will function according to the Constitution and not the Shariat law. "I strongly believe that the system should run as per the Indian Constitution. We cannot impose our personal beliefs, our fundamental rights, our personal likes and dislikes on the country or institutions," he told ANI. "Am I asking the people and workers in UP to wear saffron? What they want to wear is their choice. But in schools, there should be a dress code. This is the matter of schools and the discipline in schools," he added. READ FULL STORY

Last week, the High Court had passed an interim order asking students not to wear any religious dress to class in educational institutions that have prescribed uniforms.

The Karnataka High Court will resume hearing on pleas filed by Muslim girls against the Hijab ban order.