‘Wearing hijab not an essential practice in Islam,’ rules Karnataka high court

The Karnataka High Court on Tuesday ruled that wearing a hijab is not an essential practice in Islam. The crucial remarks from the high court come amid a massive controversy in the southern state, which began late last year over wearing of hijabs in the educational institutions.Upholding the state government ban, the court on Tuesday said that “the prescription of school uniforms is a reasonable restriction”. The state government, the court said, “has the power to issue a government order”. Karnataka had witnessed huge protests amid the row in the last few months.

The Karnataka government order – dated February 5 – is “not unconstitutional”, the court said. The court was answering three key questions on the controversy: “1) Whether wearing hijab is an essential religious practice in Islamic faith protected under Article 25? 2. Whether prescription of school uniform is violative of rights. 3. Whether government order on February 5 was issued without application of mind and manifestly arbitrary?”

The petitioners are likely to challenging the ruling in Supreme Court. “Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution,” lawyer Anas Tanwir wrote in a tweet.

Ahead of the court verdict, the state had stepped up security around educational insitutions and large gatherings were banned in some districts. In an order, Bengaluru police commissioner Kamal Pant said that since protests have disturbed public peace and order, police have considered it essential to initiate proper security measures.

In Udupi, where the row started, police officer N Vishnuvardhan, said: “We have local police and three companies of KSRP (Karnataka State Reserve Police) deployed for the past few weeks. The deployment around education institutions will continue.”

Shortly after the verdict, Union minister Prahlad Joshi told reporters: “I welcome the Court’s decision. I appeal to everyone that the state and country has to go forward, everyone has to maintain peace by accepting the order of HC. The basic work of students is to study. So leaving all this aside they should study and be united.”