Karnataka HC reserves judgment in hijab case after two weeks of hearings

After two weeks of every day hearings of a batch of petitions filed by Muslim ladies from authorities pre-university faculties in Udupi district over curbs imposed on carrying the hijab in school rooms, a full bench of the Karnataka Excessive Courtroom on Friday reserved its judgment within the issues.

On Friday, earlier than the hijab linked petitions have been reserved for judgment, social activist and advocate S Balan moved a public curiosity plea stating that Muslim ladies have been harassed by the media and training authorities by being compelled to take away hijabs in public outdoors faculty and school campuses.

The advocate sought a courtroom directive to limit the media from intruding within the privateness of scholars by chasing them and filming them when faculty and school authorities have been forcing them to take away their hijabs and burkhas on the entrance of faculties and faculties. “The students have been humiliated,” the advocate argued whereas calling the motion of the digital media “child abuse”.

The complete bench of the excessive courtroom didn’t concern any orders however disposed of the PIL saying “whoever is aggrieved can make complaints to appropriate authorities for the complaints to be considered”.

The 2 weeks of hearings noticed advocates for the Muslim ladies claiming the correct to put on the hijab in school rooms as being a part of the liberty of faith and expression whereas assailing a February 5 order of the Karnataka training division suggesting that hijabs will be prohibited in establishments.

The order of February 5 was assailed as being in admissible in administrative observe. It was additionally argued on behalf of the petitioners that school committees don’t have the ability to prescribe uniforms in pre college faculties for the reason that CDCs usually are not statutory our bodies.

 

The Karnataka advocate basic whereas defending the February 5 authorities order stated it was innocuous and didn’t direct the prohibition of non secular apparel however left it open to establishments. The AG nevertheless admitted sure parts of the order might have been pointless.

The Karnataka AG additionally argued at size to state that carrying of the hijab doesn’t represent a necessary spiritual observe and that carrying of the hijab would in consequence not fall within the class of freedom of faith however within the class of freedom of expression which will be curbed for self-discipline.

AG Prabhuling Navadgi additionally argued that recognising the hijab as important spiritual observe and permitting its utilization would outcome within the lack of alternative amongst Muslim girls in carrying the apparel.

The complete bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice J M Khazi was constituted particularly to listen to the hijab linked petitions. The bench handed a controversial order on February 10 which has been misconstrued and used as a basic ban on hijab in colleges and faculties regardless of clarifications by the HC that it applies solely to state establishments with gown codes.

In its order of February 10, the Karnataka HC stated that“pending consideration of all these petitions (on wearing the hijab in classes in government PU colleges in Udupi), we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa) scarfs, hijab, religious flags or the like, within the classroom, until further orders.”

It additionally went on add that the order “is confined to such institutions wherein the College Development Committees have prescribed the student dress code/uniform.”

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