Karnataka High Court Full Bench will pronounce a batch of petitions challenging the hijab ban imposed by the Karnataka Government in educational institutions.The matter was heard by a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi.An important question before the Court, in this case, is whether the wearing of hijab is part of the essential...
Karnataka High Court Full Bench will pronounce a batch of petitions challenging the hijab ban imposed by the Karnataka Government in educational institutions.
The matter was heard by a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi.
An important question before the Court, in this case, is whether the wearing of hijab is part of the essential religious practice of Islam and whether State interference in such matters is warranted. The court is also called to consider whether the wearing of hijab partakes the character of right to expression under Article 19(1)(a) of the Constitution and whether restriction can be levied only under Article 19(2).
The petitioners have also challenged a GO dated February 5, conferring power on College Development Committees to prescribe uniforms.
It may be recalled that the Petitioners had contended that there is no provision under the Education Act that contemplates a CDC. The State had then relied on the 'Residuary powers' under the Act, to justify its actions.
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#BREAKING No case is made out for invalidating the Government Order of February 5 : Karnataka High Court
#Breaking Prescription of uniform is a reasonable restriction on fundamental rights : Karnataka High Court
#BREAKING Wearing of Hijab is not essential religious practice of Islamic Faith : Karnataka High Court
CJ : Third question is whether GO of Feb 5 apart from being incompetent and manifestly arbitrary violates Articles 14 and 15
CJ Awasthi : Taking a holistic view of entire matter, we have formulated few questions and answered accordingly. Questions framed are :
1. Whether wearing hijab is ERP in islamic faaith protectedunder Artcuile 25
2. Whether prescription of school uniform is violative of rights.
Judgement copy is being signed by all the judges.
CJ Ritu Raj Awasthi pronoucing the judgement.
Bench assembles to pronounce verdict in #HijabBan Case
The Chief Justice Bench will assemble soon