Karnataka Hijab Ban allows bullying, petitioner tells Supreme Court; hearing enters 6th day

NEW DELHI: The Supreme Court will today resume hearing arguments on a batch of pleas challenging the Karnataka High Court verdict refusing to lift the Hijab ban in educational institutions of the state.

On the fifth day of Hijab ban Supreme Court hearing, the apex court asked whether there is any authentic figure regarding dropping out of students from educational institutions in Karnataka because of the Hijab ban and the subsequent judgment by the high court on the issue. A bench of Justices Hemant Gupta and Sudhanshu Dhulia were hearing the arguments on HIjab Ban on Wednesday.

Senior advocate Huzefa Ahmadi, representing one of the petitioners, referred to a report and said it has testimonies of several students. "My friend (one of the lawyers) informed me that 17,000 students had really abstained from the exams after this particular judgment," he told the bench.

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Senior Advocate Ahmadi said the effect of the government order in the matter would be that girls, who were earlier going and taking secular education in schools, will be forced to go back to Madrasas.

"Why should someone feel that one religious observance will obstruct in any manner legitimate or secular education or unity? Why should anyone get provoked if someone wears a Hijab and goes to school? Why should other students have a problem?" he said.

Ahmadi said if a woman chooses to wear a Hijab, why should that provoke anyone else? "And if it does, you have to actually address that. Because otherwise, you are effectively allowing someone to be bullied," he said.

Senior advocate Rajeev Dhavan, appearing for another petitioner, argued that one of the most important parts of this case is that a person wearing a hijab cannot be discriminated against on the grounds of religion and sex.

"The reason why this case is important is when it was decided, the headlines were not that dress code was upheld, the headlines were hijab has been struck down by the Karnataka High Court," he said.

The bench observed that it does not go by what is written in the newspapers. Dhavan argued that across India and in the entire world, whether it is an Islamic state or otherwise, Hijab is recognised as valid.

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Referring to the National Education Policy, he said the legitimate state interest should be to promote education. "Does public interest lie in enforcing discipline or does it lie in promoting education? And what is the degree of discipline which is compromised by allowing someone to hear a Hijab," he said.

The Karnataka government on February 5 issued an order stating that the “prohibition of a headscarf or a garment covering the head is not a violation of Article 25 of the Constitution”.Following this, on March 15, the Karnataka High Court dismissed pleas seeking permission to wear hijab inside the classroom, saying that it is not a part of essential religious practice in Islamic faith.

(With inputs from PTI)