The court ruled that the hijab was not an integral part of religion. A three-judge bench of the Karnataka High Court, headed by Chief Justice Rituraj Awasthi, passed the order. The crucial verdict in the case was announced 11 days after the hearing. Justice Krishna S. Dixit, Justice J.M. Khasi are the other judges on the bench.
History of the case
Karnataka Udupi Govt. The hijab controversy started at the Women’s Pre-University College. In January, six female students wearing hijabs were expelled from class. During the protest, the government made it mandatory for colleges to have a uniform code.
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With this, the protest spread to more colleges and another section of students came on the scene wearing kavishal. As the conflict escalated, it became a national issue.
Seven students, including six students who went on strike at Udupi College, have filed a petition in the high court against the ban on hijab. After hearing the petition for two days, Justice Krishna Dixit’s single bench remanded the petition to the wide bench.
The broad bench began hearing the case on February 10. Until the final verdict, a wide-ranging bench had issued an interim order banning religious attire in compulsory educational institutions.
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The High Court observes,
1. Wearing hijab is not a religiously integral part of the Islamic faith
2. The hijab does not cover the right to freedom of religion guaranteed by the Constitution.
3. Students cannot oppose the uniform
4. Uniform is a fair control of fundamental rights
5. Uniform does not infringe on educational rights.
6 The government has the right to exercise control
7. The order of the Government of Karnataka will remain in force.
The plaintiffs argued that the hijab was part of religious and fundamental rights. The petitioners contended that the ban violated Articles 14, 19 and 25 of the Constitution and violates the right to freedom of religion.
The government argued that the hijab was not part of religious or fundamental rights. The government has argued that the hijab does not cover the constitutionally guaranteed right to freedom of religion.
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