A three-bench of the Karnataka High Court, on its verdict on Tuesday was found saying that Hijab is not essential to Islam. The court also put forth the importance of maintenance of uniform in an educational institute and that it is no part a violation of Fundamental Rights but instead is a reasonable restriction on the Freedom of Expression under Article 19(1)(a).
The court dismissed the pleas from a section of Muslim students from the government girls college in Udupi after concluding its hearing. The court negated any contradictions on the ground of invalid verdict by pointing the power of government to pass GO and no case was made out for its invalidation. The hearing lasted 11 days until February 25, 2022, after which the verdict was held to be delivered today on 15 March 2022.
The three bench court was constituted on February 9 after a petition was filed by girls from Udupi who pleaded to challenge the hijab ban put on by college authorities on college grounds. Their plea included the right to wear Hijab even inside the classroom along with the school uniform. In their vision, Hijab was a part of their faith and Islam.
The issue was quick to turn into the fire as students from all around the region started protesting by demanding to wear Saffron scarves, as a way to protest against hijab-wearing students on campus grounds. Feeling the heat of the situation, the section of Muslim girls knocked on the doors of the judicial temple, arguing that the Indian constitution gives them the right to wear headscarves.
The high court of Karnataka stated that allowing Muslim women to adorn Hijab on educational grounds would go against the spirit of positive secularism. The court was also fast in putting forth the historical evidence to show wearing Hijab has only been a recommendation in Islam. It is not obligatory, hence, cannot be considered a necessity by the religion.
The court has validated its verdict and arguably rejected the demanding pleas for uplifting the Hijab ban. It can be seen that many sections of people were accepting of the verdict. However, a part of the public is still in a row with the verdict and will most likely go for a repeal.
