Hijab Ban : Karnataka High Court Refuses Interim Relief To Permit Degree College Students To Wear Headscarves

A single judge bench of Justice Krishan S Dixit refused interim relief while hearing a petition filed by two students of the Bhandarkar College of Arts and Science, Udupi. The bench observed that the interim order passed by the Full Bench on February 10 governs the issue at present and hence no other relief can be granted by a single bench, especially when hearing was progressing before the Full Bench.

The bench said "The interim order granted by the Full Bench on 10.02.2022 in W.P.No.2347/2022 and connected matters serves the cause of justice, as rightly submitted by learned AG."

It added "When important questions of law are being debated before the Full Bench on a day to day basis, no other interim relief can be granted to the petitioners except the one granted by the Full Bench, in the fitness of things, petitioners arguably being the students of Degree Colleges."

The Full Bench in its interim order dated February 10 directed that "Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), and connected matters scarfs, hijab, religious flags or the like within the classroom."

The Full Bench had further clarified that its order was confined to institutions with a prescribed dress code. "We make it clear that this order is confined to such of the institutions wherein the College Development Committees have prescribed the student dress code/uniform", the order had said.

On February 8, the single bench had de-linked the present petition while referring the batch of petitions seeking to declare wearing of hijab as an Essential Religious Practice to the larger bench. This petition was de-linked as no relief to declare the right to wear hijab as a fundamental right was sought.

The plea states that petitioners are studying BBA Course in Bhandarkar College of Arts and Science, Udupi. They said that they have been wearing their regular head scarf over the college uniform like any other Muslim students since the day one of the admission and there is specific rule which permits the Muslim girls students to wear headscarf.

Further it is said "On February 3, for the first time petitioners and other muslim girls were stopped by the principal and staff to enter into college and insisted that there is government order against wearing headscarf and did not allow them to attend the classes."

The plea says that since the inception of the college, there used to always be cordial relations among the students and since the inception Muslim girls used to wear head scarf withhout any hindarance. Moreover there was a specific rule mentioned in the college rule book allowing students to wear a headscarf.

It is also said that there is no rule under the UGC act or the Karnataka State University Act which prescribed any uniform to the college students, except the indecent attire. Further it is alleged that petitioners and other muslim students are being prosecuted for a political gain and their cloth whcih cover their modesty in the co-ed college is benign targeted to satisfy political ideology of divisive forces.

The petitioners by way of interim relief had prayed for directions to the respondent to 1 to direct the respondent 2 (college) to permit petitioners to attend classes with their headscarf without any bias and discrimination. Further it is prayed to direct the University to direct the college to allow petitioners to attend college without any conditions and restrictions

Case No: WP 2902/2022

Citation: 2022 LiveLaw (Kar) 51

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