Karnataka HC in hijab case passed interim order restraining wearing of any religious garment till the matter is disposed  

The Karnataka High Court said it would pass an interim order restraining the students and stakeholders from wearing any religious garment until the matter is disposed of. 

The Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi was hearing a batch of petitions filed by Muslim students, claiming that they were not allowed to enter their college on account of the government order which effectively bans the wearing of the Hijab.

Senior Advocate Sanjay Hegde, appearing for one of the petitioners, argued that the students were facing discrimination; they were made to stand outside and were marked absent. There is no provision in the Karnatak Education Act to deal with uniforms.

Advocate General Prabhuling Navadgi put forth the stand of the State, 

- Right to wear a hijab falls within the right to freedom of expression;

- Constitutional rights cannot be left to politicians whether they are in power or not. Ultimately, it is the Constitution that protects all citizens;

- This is a government institution; that belongs to every citizen of India. 

The Government order suffers from total non-application of mind. The entire basis of the Government Order is three HC judgments which held that Hijab is not part of Article 25. He further explained how the three judgments are totally against the stand of the State.

Kamat then insisted the Court allow the students to attend classes while wearing Hijab in the interim until the Bench decides the matter.

The Bench adjourned the matter for February 14 after passing an interim order.

Author: Papiha Ghoshal