Reminds of previous Supreme Court decision
-Reshma Ravishanker
The Karnataka government has passed an order asking students to adhere to the uniforms prescribed by their respective College Development Committees (CDC). Should no rules be prescribed by CDCs in PU colleges, students must dress in a manner that does not disrupt social order and ensures that equality and unity are protected.
The order comes as a fall out of the controversy in Udupi where six girls have missed classes since December over a Hijab row. The government in a note attached with the order has reminded that under the Karnataka Education Act of 1983 Section 7 (2)(5) states all students studying in schools and colleges across Karnataka must be like one family without any discrimination and work towards social justice
“Section 133 of the same act gives the government the right to direct schools and colleges in their regard on what is appropriate. The state government in one of its circulars in January 2014 constituted College Development Authority to look into the welfare of all issues related to the college and its functioning. In government colleges and schools, it involves the school management and students, likewise in private institutes, the committees comprise members from the management, parents and teachers,” the note reads.
These committees are entrusted with the responsibility of looking into the overall well-being and conduct of the college. “It has come to the education department’s notice that in some educational institutions, students, some students are found following religious practices which are posing a threat to integrity and unity in the college,” the government said.
The government has also cited examples of HC and SC decisions in similar cases. In a similar instance in Bihar, the supreme court decision has been quoted in the government reminder stating that individual interest must yield larger public interest.
In a similar incident in Mumbai where a private school and students had approached the high court regarding the “headscarf”, the Bombay High Court had issued a judgment citing that asking students not to wear a headscarf inside school does not amount to a violation of the Article 25 of the Indian Constitution. A similar judgment, based on this case was announced by the Madras High Court later, hearing another case from an educational institution.
Based on the decision given by the Supreme Court that asking students not to wear scarves or clothing that covers the face does not amount to a violation of Article 25 and under provisions of the Karnataka Education Act 1983, the government has passed the order.
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