Karnataka High Court Verdict on Hijab Row: The hijab verdict in a nutshell

Press Trust of India | March 15, 2022 | 08:17 PM IST | 1 min read

Hijab Row in Karnataka: Wearing of Hijab by Muslim women does not form a part of Essential Religious Practices in Islamic faith, says Karnataka High Court verdict.

Karnataka High Court Verdict Hijab Row: The school uniform ceases to be uniform if Hijab of same colour is allowed, says HC

BENGALURU: Following are the highlights from the Karnataka High Court verdict dismissing petitions filed by some Muslim girls from Udupi Government Pre-University Girls' College seeking permission to allow wear Hijab in the classrooms.

  • Wearing of Hijab by Muslim women does not form a part of Essential Religious Practices in Islamic faith.
  • No material placed on record to prima facie shows that wearing of Hijab is a part of an essential religious practice in Islam.
  • It is not that if the alleged practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory and it ceases to be a religion.
  • The idea of schooling is incomplete without teachers, education and a uniform.
  • The prescription of school uniforms is only a reasonable restriction constitutionally permissible which the students cannot object to.
  • Moghuls or British did not bring uniforms but it was there since the ancient 'Gurukul' days.
  • Several Indian scriptures mention Samavastra or Shubhravesh in Samskrit, the English near equivalent for uniform.
  • The school uniform ceases to be uniform if Hijab of same colour is allowed. There shall be two categories of girl students -- those with hijab and those without it.
  • Two categories of girl students will establish a sense of ‘social-separateness’, which is not desirable.
  • The aim of the regulation is to create a "safe space" where such divisive lines should have no place.
  • Adherence to dress code is a mandatory for students.
  • The government has power to issue the order banning clothes that could disturb peace, harmony and public order and no case is made out for its invalidation.
  • No case was made out for initiating disciplinary enquiry against the college, its principal and a teacher for restricting the girls from attending classes putting on Hijab.
  • Petitions were dismissed as they were devoid of merits.

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