Karnataka Hijab Row: What happened in High Court on Day 5
The Karnataka High Court entered Day 5 of the hearing in the case of allowing or banning Hijab in educational institutions. Yesterday, February 14, 2022, the petitioners argued that the Karnataka government order on the matter was wrong. The petitioners also told the court that Kendriya Vidyalayas allow Muslim girls to wear the hijab.
Since December 2021, Karnataka has been gripped by protests and the fear of communal tensions breaking out, over the debate on allowing hijab in educational institutions. It all started with a government PU college in the Udupi district of Karnataka denying entry to Muslim girl students wearing the Islamic headscarf.
The debate quickly spread to other districts, schools and colleges in Karnataka, and protests erupted in other states too.
In the last Karnataka High Court directive, the bench had asked the petitioners to return to schools and colleges without insisting on wearing the hijab, till the matter is resolved. Schools and colleges that were closed for 5 days, reopened on Monday, February 15, 2022.
In some schools, videos showed school administration making Muslim girl students and even teachers, remove their hijabs outside the school gate before entering the premises.
Hijabi Muslim Students refuse to remove the Hijab & leave the Campus in Shimoga.Karnataka HC interim order goes against the religious freedom.This is legalised oppression of muslims. Muslim women are asked to choose between their faith & education.pic.twitter.com/QO882ZBnYc
— Mohammed Habeeb Ur Rehman (@Habeebinamdar) February 14, 2022
#WATCH | K'taka: Argument b/w parents & a teacher outside Rotary School in Mandya as she asked students to take off hijab before entering campusA parent says,"Requesting to allow students in classroom, hijab can be taken off after that but they're not allowing entry with hijab" pic.twitter.com/0VS57tpAw0
— ANI (@ANI) February 14, 2022
Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi are hearing the case, with advocate Devadatt Kamat and senior advocate Tanveer Ahmad Mir appearing for the petitioners.
Here are the arguments made in court today:
Can court end Hijab row neatly? #5iveLive #ITLivestream @ShivAroor https://t.co/KrzCUsyoPf
— IndiaToday (@IndiaToday) February 15, 2022
Advocate Kamat continued his arguments challenging the Karnataka government order prohibiting religious clothing items putting public order at risk.
Kamat cited a South African judgment. In the South African case, a Hindu girl was not allowed in school for wearing a nose ring. The girl Sonali petitioned her case in a South African Court, which held up her right to express culture and religion.
Advocate Kamat also argued that the state government cannot claim that a piece of clothing can create a law and order problem, saying that it’s the government’s responsibility to create a positive environment where everyone can enjoy their rights. Citing Justice Chandrachud’s ‘growing intolerance’ remark in an SC judgment, Kamat said that ‘hecklers veto’ cannot be allowed.
Hijab showdown hearing underway in High Court. @nabilajamal_ gets us all the latest updates.#KarnatakaHC #KarnatakaHijabRow (@snehamordani) pic.twitter.com/mzBgLGO8cQ
— IndiaToday (@IndiaToday) February 15, 2022
The petitioners also pleaded with the Karnataka High Court bench to not continue the interim order given last week, asking students to return to schools and colleges without the hijab till the verdict is out. The petitioners said that the interim order suspends fundamental rights.
Senior advocate Professor Ravivarma Kumar appearing for another petitioner in the case argued that the Karnataka government order doesn’t ban wearing hijab in educational institutions and that it is yet to decide on a uniform.
Kumar also clarified the government order prohibiting religious clothing that may compromise public order, saying that the petitioners by wearing the hijab are not violating public order, unity or equality.
Advocate Kumar also tried to submit a petition he made regarding the misuse of HC’s interim order preventing hijab-wearing girls and women entry into educational institutions, but the court rejected it.
The hearing will continue tomorrow, February 16, 2022, at 2.30 pm.