Karnataka: New regulations for setting up schools, renewals of recognition

Hijab ban will continue as SC delivers split verdict: BC Nagesh

October 13, 2022

Minister for school education and literacy in Karnataka, B C Nagesh said that the Karnataka High Court’s order on Hijab ban will continue in the wake of a split order delivered by the supreme court.

A two-judge bench on Thursday has a split judgement in the hijab row case which is placed before the apex court. While Justice Hemant Gupta dismissed 26 appeals filed against the judgement passed by the Karnataka High Court which concluded that hijab was not essential practice, justice Sudhanshu Dhulia said that the order must be otherwise in the interest of girl children, particularly in rural areas.

“The Karnataka High Court order will remain valid. Hence, in all our schools and colleges Karnataka education act and rule, there will be no scope for any religious symbols. So, our schools and colleges will run as per the Karnataka High Court order. Children will have to come to the schools accordingly,” Nagesh said.

Hours after the order was read, asking for the matter to be referred to the chief justice of India, possibly necessitating the constitution of a larger bench, Nagesh said, “The ban on hijab will continue. As you know that the Karnataka Education Act and Rule does not permit any religious items inside the class. So, we are very clear that no student can wear a hijab inside the class.”

Meanwhile, Karnataka’s Home Minister Araga Jnanendra said that the Karnataka government was awaiting an order by the CJI.

It may be recalled that the Hijab controversy began in early January this year when six girls from a government PU college in Udupi refused to attend classes in college asking for the hijab ban to be reversed. The management of the college had deemed that it was not a fundamental right and sought that these girls follow the dress code prescribed by the college. When taken to court, the Karnataka High Court delivered an order upholding the ban on Hijab and said that it was not essential religious practice. 

(With inputs from PTI)

Hijab row: SC delivers split judgement, matter to be placed before CJI

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