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

Karnataka High Court bans Hijab, says non essential religious practice

March 15, 2022

The Karnataka High court ruled that wearing a Hijab was not essential religious practice as per Islamic faith in the hijab row case.  

The high court also said in its verdict on Tuesday that educational institutions prescribing uniforms does not amount to violation of right to freedom or speech or any other fundamental right under the Indian Constitution.

The court, which had finished hearing the case 11 days ago, had withheld the judgement in the hijab row case. The three-bench judge of the Karnataka High court chaired by chief justice Ritu Raj Avasthi along with justice J M Khazi and justice Krishna Dixit delivered its verdict in the case which saw petitions from over 6 six students. Most of these were petitions from students of the government girls PU college in Udupi where the controversy initially began.

It may be recollected that since December 2021, a group of six girls were stopped from attending classes in their college after they refused to remove Hijabs inside classrooms. The college alleged foul play by various student bodies including the Student Federation of India into instigating students into wearing Hijab, a practice that they had not followed before.

Later, when the Karnataka government issued an order citing previous judgements where it was held that Hijab was not essential religious practice and that it would not be allowed inside classrooms where College Development Committees have prescribed a uniform, the matter was taken to the court.

Responding to the verdict, Karnataka chief minister Basavaraj Bommai said, “The Karnataka has upheld the GO to follow uniform. They have also ruled that Hijab is not essential religious practice. This is a matter which involves the future and education of students. Nothing is more important than education. We must accept the order delivered by the full bench of the court. I request cooperation from everyone to implement this order. I also seek support from various religious heads, students and teachers to maintain peace and calm.”   

Also read:Complex issues in Hijab controversy

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