Hijab Ban: Karnataka High Court dismisses petitions; upholds hijab ban in schools, colleges

NEW DELHI: The Karnataka High Court has upheld hijab ban and dismissed all writ petitions filed by muslim girl students seeking to wear hijab in colleges and challenging the February 5 order of government. The three-judge bench led by CJI Ritu Raj Awasthi observed, “Wearing of Hijab is not essential religious practice of Islamic Faith.”

“Prescription of uniform is a reasonable restriction on fundamental rights and “no case is made out for invalidating the Government Order of February 5,” it said.

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The high court concluded the hearing related to the 'hijab' (scarf) case on February 25, but reserved its order. "Heard. Order reserved," Chief Justice Ritu Raj Awasthi said.

The three-judge panel comprising the Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice Jaibunnisa M Khazi, heard on a day-to-day basis a batch of petitions filed by some girls seeking permission to wear the hijab in educational institutions where a uniform has been prescribed.

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The girls were allegedly denied entry into a pre-university college for girls in Udupi in December last for violating the dress code. On January 1, six girl students attended a press meet held by the Campus Front of India (CFI) protesting against denial of entry into classrooms as they were wearing the hijab.

This prompted the boy-students to wear saffron shawls in protest. As the issue of hijab versus saffron scarves spread to several educational institutions in many parts of Karnataka since then, the State government announced a holiday from February 9 to February 15 in all the pre-university colleges and from February 9 to February 16 in degree and diploma colleges.

In its interim order, the High Court asked the government to re-open the educational institutions, which were hit by the agitation, and restrained students from wearing religious attire till the court issues the final order.

What was the Hijab Controversy?

Initially, the controversy was restricted to Udupi and Chikkamagaluru in the beginning of January as the girls started wearing hijab to class. In protest, the boys wore saffron scarves. Gradually, the issue spread to other parts of the state and snowballed into a major controversy with political parties taking mileage out of it.

Seeking to end the hijab controversy in Karnataka, the state government on February 5 ordered banning wearing clothes which disturb equality, integrity and public order.

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Karnataka school education minister BC Nagesh denied the news reports that said hijab-wearing students were seated in separate classrooms in Government Pre-University (PU) College, Kundapura and said that students protesting outside the campus were allowed to enter campus and were asked to wear uniforms and attend classes.

On February 10, the Karnataka government decided to resume classes for high school students up to class 10 from February 14, and for Pre-University and Degree Colleges thereafter. The decision arrived at a meeting chaired by chief minister Basavaraj Bommai with ministers of home, primary and secondary education, higher education departments, and senior officials.

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In order to maintain peace in the state, the Karnataka government extended holiday for pre-university colleges till February 15. The PU colleges were shut from February 9 following the raging hijab row on several campuses and were slated to open on February 14.

The Karnataka government had also extended the order prohibiting gatherings, agitations or protests for and against the implementation of schools, colleges uniform rules in Bengaluru city till March 8, 2022.