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.
During one of the previous hearing, 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.
Yesterday, Senior Advocate Devadatt Kamat made his rejoinder arguments for Muslim girl students, challenging the action of a government PU college in denying their entry for wearing a hijab (headscarf). Kamat argued that people who want to wear head scarf are denied right to education on the pretext of this GO. "Their right to education which is paramount is being put on back burner. As a state you should facilitate and create an enabling atmosphere."
Opposing State's submissions on the aspect of Constitutional Morality, Kamat added that Sabarimala and Navtej Johar judgments that were cited by the Advocate General are "pro-choice" judgments. "Constitutional morality is pro-choice. It is a restriction on state power," he said.
Yesterday, the Court also heard Senior Advocate AM Dar for students of another college who were denied entry. It also heard Senior Advocate Guru Krishnakumar for the Respondents.
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