Chikmagalur: Students wearing saffron shawls stage a protest against allowance of hijab-wearing students to enter classrooms, outside IDSG Government College
The Single-Judge bench of the Karnataka High Court hearing the case related to the Hijab ban in school-college referred the matter to the Chief Justice Ritu Raj Awasthi on Wednesday. Justice Krishna S Dixit who was hearing since Tuesday a batch of petitions against Hijab ban in classrooms, said that these matters give rise to certain constitutional questions of seminal importance in view of certain aspects of personal law.
During the course of hearing today, Justice Dixit said that the matter requires consideration of a larger bench. "If you feel and all agree I can do this. I feel this matter requires consideration of a larger bench."
The Advocate General who was appearing on behalf of the government, said that "we are concerned about an early hearing of the matter. Ultimately it is the prerogative of the court."
The AG also argued that petitions are misconceived. The AG said that they have questioned the government order, adding that each institution has been given autonomy.
"State does not take a decision. Therefore prima facie case is not made out," the state's legal advisor told the bench.
Senior advocate Sanjay Hegde, appearing for the girl petitioners, said that if the court is sending the matter to the larger bench then some order needs to be passed for the next two months.
Advocate Devadatt Kamat, appearing for the petitioner-students who wanted hijab to be permitted, also pleaded with the court to "make some interim arrangements". Kamat said that the court may say that all the questions be kept open. "Let the students study for the next two months."
The AG opposed granting interim relief, saying "An interim order at this stage will be amounting to allowing the petition."
"We have not prescribed/proscribed any uniform. The next question is supposing that the government order is interpreted by College Development Council (CDC) as not prescribing then the question does not arise. But if it is considered so by CDC then the question arises. There is nothing in the Karnataka Education Act which deals with uniforms. I went up and down and I did not find anything. There are questions of purely administrative law, keeping aside the constitutional questions on essential religious practice," the AG said.
Kamat then said that the state government's stand has made it worse for itself. The state says "it has not prohibited anything. It is worse. If the state says it has not decided, then we are at the mercy of some committee".
"My interim prayer is that leave aside the challenge to the government order. Please permit me to go to the school wearing my clothes, don't leave it to the mercy of some principal or CDC," Kamat said.
Advocate Sajan Poovayya, who was appearing for the College Development Committee, said that the uniform was there for one year. "Nobody complained earlier now it is raised. CDC has met every year and all stakeholders have been consulted and passed the decision."
Justice Dixit then said that "all these matters do give rise to certain constitutional questions of seminal importance in the light of some aspect of personal law".
"In view of the enormity of questions of importance which were debated, the court is of the considered opinion that the Chief Justice should decide if a larger bench can be constituted in the subject matter," Justice Dixit said while dictating the order.
Justice Dixit also observed in the order that the question of interim relief will also be considered by the larger bench.
"The bench was also of the view that the interim prayers should also be placed before larger bench that may be constituted by Chief Justice Awasthi exercising his discretion," the Justice said.
The hijab protests began last month at the Government Girls PU College in Udupi when students alleged that they had been barred from classes for insisting on wearing hijab. Protests for and against the 'hijab' then intensified in different parts of Karnataka and turned violent in some places on Tuesday.
Last week, the government had issued an order wherein it invoked 133 (2) of the Karnataka Education Act-1983 to order a ban on wearing clothes which disturb equality, integrity and public order in schools and pre-university colleges. The clause states that "a uniform style of clothes has to be worn compulsorily". "The private school administration can choose a uniform of their choice," the government order said, adding that students have to wear the dress chosen by the College Development Committee or the appellate committee of the administrative board of the pre-university colleges, which come under the pre-university education department.
Meanwhile, calm prevailed in the educational institutions today which witnessed tense moments over the Hijab row earlier. The government had ordered closure of all high schools and colleges in the state for three days.
