KARNATAKA HC UPHELD STATE GOVERNMENT'S ORDER ON HIJAB BAN

Recently, the Karnataka High Court upheld the State government order (GO) empowering colleges to ban the wearing of the hijab (headscarves) by Muslim students in educational institutions in the State. 

The bench held that the hijab is not an 'essential religious practice' of Islam, and it was also not covered under the freedom of conscience. The Holy Quran has not made it mandatory to wear a hijab, and since it is not a religious obligation, it cannot be believed 'essential' for the religion. The Court further did not accept the argument of the petitioners that wearing hijab is a matter of freedom of conscience. The HC bench said there was no evidence to express that the petitioners wanted to wear hijab for their beliefs or as a symbolic expression.

A three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi further held that prescription of a school uniform is not violative of the rights of freedom of expression and is constitutionally permissible. Moreover, the dress code applies to all students, regardless of religion or gender.

The bench further held that the Government has the power to issue a Government Order (GO) and such order will be valid.

The Court dismissed all the petitions as being devoid of merits.