Hijab Ban - Students Should Not Wear Religious Symbols In Educational Institutions : Karnataka Govt Tells High Court

In the statement of objection filed in response to the batch of petitions filed challenging the action of colleges stopping muslim girls from wearing a Hijab (head scarf) to colleges, the state government has said, "The very purpose of uniform and dress code is to maintain equality among the students and maintain dignity, decorum and discipline in the institution."

It adds, "The feeling of oneness, fraternity and brotherhood shall be promoted within an institution. In educational institutions, students should not be allowed to wear identifiable religious symbols or dress code catering to their religious beliefs and faith. Allowing this practice would lead to a student acquiring a distinctive, identifiable feature which is not conducive for the development of the child and academic environment."

Further it is said, "Educational institutions must have a secular image which strengthens the continuation of national integration. Prescribing dress code will not be a hurdle or in any manner be violative of any rights as alleged by the petitioners. On the other hand they will be treated equally and there will not be any special identity attributed to them or groupism they are subjected to by virtue of their appearance to dress code."

The reply states that the colleges are governed under the Karnataka Education Act, which is a comprehensive legislation and a complete code which regulates the Educational Institutions in Karnataka. The Act and Rules, empower the educational institutions to specify its own set of uniforms for their students.

It is said that institutions have been following the uniform dress code for several years and petitioners herein and their parents are fully aware of the uniform system adopted in college at the time of admission. By taking admission they have submitted themselves to the uniform and educational system being imparted. They have voluntarily given their undertaking that they will abide by the dress code along with discipline of the institution.

It is said that the students were following the dress code and they did not ask for any exemption until December 2021. It is only at the end of the academic year that this issue was unnecessarily raised. Further it is said, "The state government has issued directions on January 25, that it is examining larger issues of dress code and uniform system upto PU level."

The affidavit states that, "Prescribing a uniform flows from the Fundamental duty caste on state government, under Article 14 and Article 46 of the Constitution." It adds, "Many of the countries abroad have adopted this view point and have strictly implemented a uniform dress code in educational institutions. Some of the countries have banned hijab in public places, such decisions are warmly welcomed across the world and courts of such countries have upheld these decisions."

Defending the government order dated February 4, regarding uniform policy for educational institutions the affidavit states, "In order to maintain public order to provide equal treatment to all students and to avoid unnecessary controversy in the college and campus of educational institutions in the state to maintain secularism among the students the above clarification has been issued."

Finally it is said, "Educational institution is not a place to profess, preach any religion or caste and on the contrary students have to maintain uniform and for this noble object the students are required to wear the uniform and cloth as prescribed by the institution or concerned authority."

It is added, "Allowing any student to wear cloth other than prescribed uniform cloth or pattern will amount to preferential treatment, resulting in violation of Article 14 of the Constitution of India of other students by unfollowing the uniform dress code."

The High Court will continue hearing the case today.

Reports of today's hearings :

Hijab Ban : Karnataka High Court Appeals To Students & Public To Maintain Peace; Urges To Have Faith In Constitution