Wearing hijab not an essential religious practice of Islam, says Karnataka High Court

The Karnataka High Court on Tuesday dismissed various petitions challenging the ban on wearing Hijab in education institutions.

BENGALURU: In a significant development, the Karnataka High Court on Tuesday dismissed various petitions filed by Muslim girl students challenging the ban on wearing Hijab in state's educational institutions.

Karnataka High Court dismisses various petitions challenging a ban on Hijab in education institutions pic.twitter.com/RK4bIEg6xX — ANI (@ANI) March 15, 2022

In its ruling, the three-judge High Court bench said, "wearing Hijab not an essential religious practice of Islam.'' "We are of the considered opinion that wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith,'' the Karnataka high court bench said further. 

Karnataka HC says wearing Hijab is not an essential religious practice of Islam. — ANI (@ANI) March 15, 2022

The prescription of school uniform is a reasonable restriction which students could not object to, the Karnataka High Court said while pronouncing its judgment in Hijab row case, adding, ''No case is made out for invalidating the Government Order of February 5.''

The ruling was passed by the three-judge bench of the Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi. The three-judge bench had earlier reserved the matter for judgement earlier after hearing arguments and counterarguments.

Welcoming the verdict, Union Minister Pralhad Joshi said, "I welcome the court's decision. I appeal to everyone that the state and country have 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.''

I welcome the Court's decision. I appeal to everyone that the state & 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: Union Min Pralhad Joshi https://t.co/xb3BeAYBQm pic.twitter.com/PBzQHqzX9A — ANI (@ANI) March 15, 2022

The hijab protests in Karnataka began in January this year when some students of Government Girls PU college in the Udupi district of the state alleged that they had been barred from attending classes. During the protests, some students claimed they were denied entry into the college for wearing hijab. 

Following this incident, students of different colleges arrived at Shanteshwar Education Trust in Vijayapura wearing saffron stoles. The situation was the same in several colleges in the Udupi district. 

The girls later approached the Karnataka High Court and demanded that they should be allowed to enter classrooms while wearing hijabs. In its interim order, the Karnataka high court stated that no hijab or saffron shawl is allowed in the schools and colleges. The petitioners then challenged this in the Supreme Court. However, the apex court refused to hear the matter and asked the petitioners to seek relief from the High Court.

Ahead of Tuesday's verdict, the state authorities had ordered all schools and colleges in Dakshina Kannada district to be closed and issued prohibitory orders at several places.

"We are declaring holiday for all schools and colleges for tomorrow...external examinations would be there as per schedule... but internal exams of all schools and colleges will be postponed. Issuing prohibitory orders in the entire district," Dr Rajendra KV, Deputy Commissioner, Dakshina Kannada district said.

In view of the High Court verdict, the Kalaburagi district administration also imposed Section 144 effective from 8 pm today till 6 am on March 19. "In view of the Hijab row verdict, the district administration has imposed Sec 144 effective from 8 pm today till 6 am on March 19. All educational institutions in the district will remain closed tomorrow," Yeshwanth V Gurukar, DC Kalaburagi said.

A similar decision was taken in Shivamogga. Section 144 has been imposed in the district till 21 March and all schools and colleges will remain closed on March 15. "All schools and colleges will remain closed on Tuesday (March 15) in Shivamogga. Section 144 has been imposed in the district till 21 March. Eight companies of KSRP, 6 companies of District Armed Reserve, 1 company of RAF have been deployed," Shivamogga SP, BM Laxmi Prasad said. Commissioner of Police, Kamal Pant also said that "all types of gatherings, agitations, protests, or celebrations in public places are prohibited in Bengaluru for one week from March 15 to March 21."