Hijab Ban : Student Seeks Karnataka High Court's Permission To Wear Uniform Colour Dupatta To Cover Head

In the hijab case, the Karnataka High Court on Wednesday granted two days time to the State Government to respond to an application filed by one of the petitioners seeking to allow students to use dupatta as prescribed in the uniform to cover her head.

Senior Advocate Professor Ravivarma Kumar submitted that yesterday for some technical reasons the application was not considered, and hence a proper application has now been made, seeking a clarification that the students can wear dupatta of the same uniform colour to cover their heads. "Just use the same dupatta to cover their head, no additional dress. Let the students get back to the class", Kumar submitted.

Advocate General Prabhuling Navadgi sought two days time to file objection to the application.

A full bench of Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi in its order said, "Learned advocate general appearing for respondents informs that he has received the copy of the application, he intends to file objections to this application, the prayer is allowed. Two days' time to file the objections."

The application seeks clarification with respect to the Court's interim order of February 10, which banned use of any sort of religious clothes in classroom, regardless of the faith of the students, while the hearing was going on.

The application says, "Petitioner has no issue with the interim order dated February 10, and also agreed that she won't wear any scarf and hijab in the classroom, but seek clarification and leave to put dupatta/stole which is integral part of our college uniform same be allowed to use over the head."

Further it is said, "Neither it will be objectionable to anyone as during all prayers all girls use the same dupatta/stole/shawl to cover their heads and extended cloth of their saris to cover their heads, nor same dupatta/stole can be considered as symbol of any particular faith and when same dupatta/stole can be used for covering the head during prayers then how it can be a source of any dispute in other circumstances."

The application also mentions that ,"If any fellow students object for the choice of petitioner, then directions may be given to them to wear any shawl or stole addition to uniform dupatta if it matches with school uniform so in this way they will also satisfy their instinct and wont violate the uniform discipline as well."

It is also said that no statute or rule prevents and prohibits any student's choice to use uniform stole/dupatta in a manner they feel comfortable. "Being a girl child they have the right to conscience to use the prescribed uniform in manner considering their security, modesty and chastity which is comfortable to them in a secular place like school", the application said..

Yesterday, the Court had rejected the affidavit filed by the advocate-on-record seeking a similar clarification with respect to the Court's interim order of February 10, saying that a counsel cannot swear to an affidavit.

The Court will continue hearing tomorrow.

If Turban Wearing People Can Be In Army, Why Not Hijab Wearing Girls In Classes : Ravivarma Kumar To Karnataka High Court