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Hijab Row: The HC bench said that the prescription of a school uniform is only a reasonable restriction, which the students cannot object to. Students in the contentious Udupi college will now contest the order in the Supreme Court.
Shortly after the Karnataka High Court on Tuesday announced the state government order on restrictions on wearing of hijabs in schools and colleges won’t be cancelled, Anas Tanwir, a Supreme Court lawyer, tweeted that students in Udupi college will approach the Supreme Court.
“Met my clients in Hijab matter in Udupi. Moving to SC soon InshaAllah. These girls will continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution (sic),” his tweet read.
Read more: ‘Hijab not an essential part of Islam,’ rules Karnataka high court
The high court ruled that “hijab is not an essential part of Islam”, in a way underlining the state government’s restriction on the use of the head scarf by Muslim girls and women in the educational institututions. “We are of the considered opinion that wearing of a hijab by Muslim women does not form part of the essential religious practice in the Islamic faith,” Karnataka High court chief justice Ritu Raj Awasthi said, reading out the verdict.
The bench further said that the prescription of a school uniform is only a reasonable restriction, which the students cannot object to. Students in the contentious Udupi college will now contest the order in the Supreme Court.
Read more: Karnataka hijab row | 3 questions the high court asked (and the answers)
The questions raised were whether wearing hijab is an essential religious practice under the Islamic faith protected under Article 25 of the Indian Constitution; whether the prescription of school uniform is a violation of the student’s rights under articles 19 (A) (freedom of expression) and 21 (right to privacy); and the government order dated February 5, “issued without application of mind with manifestly arbitrary”.
Karnataka education minister BC Nagesh hailed the verdict and tweeted, “I welcome the landmark judgement of Hon’ble Karnataka High Court on School/College uniform Rules. It reiterated that the law of the land is above everything.
Union minister Pralhad Joshi also welcomed the Karnataka High Court’s ruling, while PDP chief Mehbooba Mufti called the order “deeply disappointing”. Read more
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