Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.
The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.
On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.
Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.
Kamat had underscored that the declaration made by the State government that wearing of a headscarf is not protected by Article 25 of the Constitution was "totally erroneous'. It was also submitted that the conduct of the State government in delegating to the College Development Committee (CDC) to decide whether to allow headscarves or not is 'totally illegal'.
On Wednesday Prof Ravivarma Kumar, Senior Advocate, appearing on behalf of the petitioners today argued that the state is discriminating against Muslim girls, solely on the basis of their religion. He highlighted that the Government Order dated February 5 targets wearing of hijab whereas other religious symbols are not taken into account. This leads to hostile discrimination violating Article 15 of the Constitution.
Sr Adv Yusuf Muchhala argued that the impugned GO, preventing Muslim girls from wearing headscarves, suffers from manifest arbitrariness. He referred to the principle of manifest arbitrariness used by the Supreme Court to strike down triple talaq in the Shayra Bano case.
"They are only putting one apron over their head. When we say uniform, we cannot strictly confine to the dress code. What was the practice adopted at school has to be seen. It has been changed without notice. Fairness requires notice. Fairness requires being heard."
Advocate General will start his arguments for State of Karnataka Today
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Bench rises.
Hearing to continue on Monday.
CJ: He(AG) is very fair to court, he will act, give it to the AG.
Adv Tahir: Even the minister are saying, it is a high court order.
CJ: Unless something is placed before us we cannot address it.
CJ to Tahir: AG is saying give your complaint in writing, he will instruct everyone to act in accordance with order of the court.
Tahir : A report be called from the State.
CJ : For what purpose. You file an application, we will consider.
CJ : Our order was very clear. What you say AG?
AG : I could say file an application. All I request is that give me the detail instead of the court. I assure that I will instruct that nobody will be permitted to act beyond the order of the court.
Tahir : Every department is interpreting the order differently. Yesterday Minority Department passed an order. Even in Urdu colleges it is enforced. Policemen are deployed at gates and are threatening Muslim girls. The order said classroom. But at gates students are stopped.
AG says he will continue on Monday.
Adv Mohammed Tahir makes a mention: Interim order was passed considering the Law and order situation it was limited to where CDC has prescribed uniform. Even teachers are not spared. Muslim community members are facing difficulty.
Chief Justice : Does Hijab form part of the essential religious practice.
AG : My answer is No. Why it is No, I will substantiate.
Cheif Justice : In the light of this what do you say, does hijab come under essential religious practice?
AG : Hijab certainly comes under the manifest exercise of the right to practice religion. It is a right they are exercising pursuant to religion.
AG: How to ascertain, this concept, I will have to read more on it.
Justice Dixit: I say saluting a particular symbol is against my conscience. How to ascertain?
AG : Assert?
Justice : Ascertain. I am not good at English I studied in Kannada. Ascertain. How to investigate?