Karnataka HC urged to allow hijab as more students skip school over the issue


Bengaluru, Feb 15 (IANS): The Karnataka High Court was on Tuesday urged to direct the government to allow students wearing the hijab in classes as more students remained out in schools across the state, refusing to shun the head covering.

Teachers have also turned out students who came to attend classes with skull caps. Many students chose to be absent as hijab-wearing students were not allowed into schools.

A bench of Chief Justice Ritu Raj Awasthi, and Justices Krishna S. Dixit and Khaji Jaibunnesa Mohiyuddin adjourned the hearing of petitions to Wednesday after hearing arguments and counter arguments for 2 hours and 15 minutes.

Senior advocates Devdatt Kamat, Mohammad Tahir, and Ravi Varma Kumar presented their arguments in favor of girls demanding to wear hijab, while Advocate General Prabhuling Navadagi represented the government.

The petitioners submitted that since the colleges are being started from Wednesday, the bench must pass an order allowing Muslim students to wear hijab while attending classes. They also quoted a judgment of the South African court, where a Tamil girl was not allowed to attend classes for wearing a nose ring. When it was questioned in the court, the student was allowed to attend classes, counsel submitted.

The petitioners also submitted that the Karnataka government is yet to make guidelines on uniform, and without this, it is improper to make the uniform compulsory for students.

When one of the petitioners submitted that students with hijab are not allowed in Urdu schools in the state, the Advocate General objected to lacing arguments without submitting an application before the court.

The bench asked counsel to submit an application in this regard.

The petitioners also argued that the government does not have supreme power of prohibition in the name of public order.

Meanwhile, 25 girl students of the Government School in Indavara of Chikkamaglur district boycotted exams as they were asked to take off their hijab. More than 20 students went back to home without attending school for the same reason in Nelya village of Madikeri district.

The school authorities of Sasvehalli near Honnali in Davanagere district had a difficult time as more than 20 boys came in skull caps to attend classes. The teachers had sent them back. They sat in front of the school along with girl students wearing hijab and demanded that they should be allowed inside classes with hijab and skull caps.

Majority of students at Urdu Girls School in Kalaburagi chose to remain absent from classes as the hijab was not allowed. Similar incidents have been reported from Gadag, Hassan, Yadgir, and Shivamogga districts.

Congress Deputy Leader in the Assembly U.T. Khader asked the state government to resolve the hijab issue as confusion continued in the state even after the intervention of the High Court and interim order on the matter was given.

"There is confusion regarding interim order. The primary and high school students think that the order is only for colleges. This will lead to ruining the education prospectus of students already hit by Covid crisis," he said.

Law and Parliamentary Affairs Minister J.C. Madhuswamy, meanwhile, said that the government would follow the high court orders in this regard.

This was the third day of hearing by the three-judge bench. Earlier, it was vehemently argued that the government can't deny fundamental rights of students in the pretext of managing law and order situations. Counsel for the petitioners also objected to the powers given to the College Development Committee to decide on uniforms.

The bench had also refused to restrain media from reporting the proceedings as one of the counsel demanded that it will have effect on the elections of other states.

The court had earlier given an interim order that no religious symbols are allowed for the students in schools and colleges until its final order, thus ruling out both hijab and saffron shawls in the school and college premises.

It did not accede to the vehement arguments of petitioners seeking orders to the government for allowing students to wear hijab of the colour of their uniform to classrooms.

The state government had resumed schools till Class 10 and Pre-University College (Classes 11 and 12) are opening from Wednesday.

The hijab row which started last month in Udupi Pre-University College by six girl students, has snowballed into a major crisis in the state and has been discussed at international levels too.

 

  

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Comment on this article

  • MOHAMMED ZAKIR HUSSAIN, MYSORE

    Thu, Feb 17 2022

    Good desion of HC OF KARNATAKA. 👍👍👍👍🙏🙏🙏🙏👍👍👍

    DisAgree Agree Reply Report Abuse

  • KS Mayya, Mangalore/Bangalore

    Wed, Feb 16 2022

    Some of the pertinent points here are: (a) Although the hearing in HC is for hijab, these girl students have been rendered inside Burkha already. (b) Media carried and celebrated educated Muslim women and their achievement because it amounted to empowerment of women. Please note that out of an average 1000 only 10 might have risen to the heights. This latest attack is hitting at the root of the problem viz., politicize education of Muslim women and render them what they are best suited for according few vested interests viz., making babies. (c)Triple Talaq law also added to empowerment of women and that also was too much to bear and hence the attack at a level where it will have long lasting effect. I hope the girl students will see this and stay away from politics and focus on education and empower themselves to compete like anyone in India.

    DisAgree [2] Agree [5] Reply Report Abuse

  • Moshu, Mangaluru

    Wed, Feb 16 2022

    “They plan, and Allah plans. Surely, Allah is the Best of planners.” (Holy Quran 8:30)

    DisAgree [16] Agree [25] Reply Report Abuse

  • NS BHAT, Kasaragod

    Tue, Feb 15 2022

    It seems, as per news, petitioners arguement is not proper. They are just arguing that students are loosing classes, so court should direct govt to allow hijab.

    DisAgree [13] Agree [15] Reply Report Abuse

  • Don, Mangalore

    Tue, Feb 15 2022

    Every country, institution and community have their own rules and peoples who want to live in that country, or go to that particular institution MUST follow those rules. If you'll choose not to study and boycott educational institutions, it is your loss

    DisAgree [17] Agree [27] Reply Report Abuse

  • JNB, Mangalore

    Tue, Feb 15 2022

    Justice prevails and justice never denied .ಭಗವಾನ್ ಕೆ ಘರ್ ಮೇ ದೇರ್ ಹೈ! ಲೇಕಿನ್ ಅಂಧೇರ್ ನೈ ಹೈ !

    DisAgree [4] Agree [14] Reply Report Abuse

  • Jossey Saldanha, Raheja Waterfront

    Tue, Feb 15 2022

    Boys also should be allowed Kesari Shawl ...

    DisAgree [29] Agree [23] Reply Report Abuse

  • Tester, Bangalore

    Tue, Feb 15 2022

    Good to see students are wearing mask in the visuals. They know the seriousness of the covid and they know the impact of the disease

    DisAgree [2] Agree [12] Reply Report Abuse

  • Vinod Kumar, Mangalore

    Tue, Feb 15 2022

    Bravo Girl Power. Its the ultimate power of People’s Court in accordance with the constitution. No power, court and govt laws can quash the power of people’s court. Never betray the constitution.

    DisAgree [10] Agree [23] Reply Report Abuse

  • Tester, Bangalore

    Tue, Feb 15 2022

    Good to see Students are wearing mask in the visuals..They know the seriousness of covid and the impact of covid...

    DisAgree [3] Agree [9] Reply Report Abuse

  • Vidisha, Mumbai

    Wed, Feb 16 2022

    You come to Mumbai and see this. The mask is only for the photo. They think they are immune to Covid, etc.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Sanjay, Hebri

    Tue, Feb 15 2022

    Courts should not fall into these pressure tactics from these relegious fanatics.....No special clothing should be allowed in schools....soon burqa should also banned in public under NSA.

    DisAgree [53] Agree [27] Reply Report Abuse

  • Rinisha, Mangalore

    Wed, Feb 16 2022

    Burqa is a protection to every Muslim girl and it’s their right It’s compulsory for them to wear How can u just blabber without knowing anything Live and let live

    DisAgree [5] Agree [9] Reply Report Abuse

  • Suresh, Tamilnadu

    Wed, Feb 16 2022

    School uniform must

    DisAgree Agree [3] Reply Report Abuse


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Title: Karnataka HC urged to allow hijab as more students skip school over the issue



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