Hijab Ban: Karnataka High Court refers the matter to a larger bench

Senior Advocate prayed that since exams are approaching the petitioners be granted interim relief by being allowed to attend classes for now.

students

The Karnataka High Court on Wednesday referred to a larger bench a batch of petitions filed by Muslim girl students in the State claiming that they are not being allowed to enter colleges on account of the government order which effectively bans the wearing of hijab (headscarves).

Justice Krishna S Dixit deemed it necessary to refer the matter to a larger bench.

“I feel this matter requires consideration of larger bench. The wisdom emanating from neighbouring High Court judgments needs to be treated,” the Court said.

Senior Advocate Sanjay Hegde, appearing for one of the petitioners, urged the Court to grant the students interim relief while the matter is referred to a larger bench.

“They have only two months (of the academic year) left. Do not exclude them…we need to find a a way that no girl child is deprived of education…Today what is absolutely important is that peace comes, Constitutional fraternity returns to the college. No heavens will fall for two months…”

Appearing for a college development committee, Senior Advocate Sajan Poovayya, however, contended that the questions raised in the writ petitions are squarely falling under Justice Dixit’s roster. Therefore, he urged the Court to decide the matter after hearing the parties.

Advocate General Prabhuling Navadgi opposed the grant of interim relief. He submitted,

“My submission is that my learned friend (Kamat) has completed his arguments. Now, it is for State to argue and then it is for the Court to adjudicate…I wanted to say the petitions are misconceived. They have questioned the GO. Each institution has been given autonomy. State does not take a decision.”

During yesterday’s hearing, Senior Advocate Devadatt Kamat appeared for one of the petitioners. His submissions were as follows:

– Wearing of head scarf (not burqa or veil) is an essential part of Islamic religion;

– Wearing of hijab is protected by right to expression under Article 19(1)(a) and can be restricted only on grounds under Article 19(6);

– Wearing hijab is a facet of the right to privacy recognised as part of Article 21 by Puttaswamy judgment of Supreme Court;

– Government order is outside the scope of the Karnataka Education Rules and State has no jurisdiction to issue the same.

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In view of the facts that exams are approaching, and that the petitioners have been exercising their right to wear hijab for the last two years, Kamat prayed that they be granted interim relief by being allowed to attend classes for now.

The Court eventually appealed to the student community and the public at large to maintain peace and tranquillity in the wake of protests against the government order.

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