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 Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab. This arose in view of the AG's submission that the Government Order dated February 5, which has been challenged in the writ petitions, does not prescribe any ban on hijab and that it is only an "innocuous" order which asks students to follow the uniforms prescribed by their institutions.
"What is your stand? Whether hijab can be permitted in institutions or not?", the Chief Justice raised a pointed query.
"The operative portion of the GO leaves it to the institutions", the AG submitted.
"If institutions permit hijab, you have objections?", the CJ asked further
"If the institutions are to permit, we would possibly take a decision as and when the issue arises...", the AG responded.
"You have to take a stand", the CJI reiterated.
"My answer is that we have not prescribed anything. The Order , it gives complete autonomy to institution to decide uniform. Whether students be allowed to wear dress or apprarel which could be symbol of religion, the stand of the state is.. element of introducing religious dress should not be there in uniform. As a matter of principle, the answer is in preamble of Karnataka Education Act which is to foster secular environment", the AG replied.
AG argued that petitioners have not shown that wearing hijab is an essential religious practice in Islam and thus, the protection under Article 25 of the Constitution is not available to them.
Yesterday, the High Court clarified that the interim order passed by it on February 10, which prohibited wearing of religious dresses by students in classrooms, will apply to both degree colleges and Pre-University (PU) Colleges, where uniform has been prescribed.
The Court also clarified that its order applies only to students and not teachers.
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