Karnataka High Court to hear Hijab plea today
A single bench headed by justice Krishna S. Dixit will hear the petitions filed by Ayesha Hajeera Almas and others. Last week, the petition has came up for hearing, the Advocate General has sought time to file the reply.
Bengaluru: The Karnataka High Court will hear the petition filed by five Muslim students of government Pre-University College for girls in Udupi, seeking to wear hijab in the college premises and classes.
A single bench headed by justice Krishna S. Dixit will hear the petitions filed by Ayesha Hajeera Almas and others. Last week, the petition has came up for hearing, the Advocate General has sought time to file the reply.
Petitioner has sought a declaration from the court that they have fundamental right to practice essential religious practices, including wearing of Hijab as per Islamic faith. Further petitioner stated that a ban on wearing the hijab is a violation of their fundamental rights.
Petitioners further stated that they were being discriminated against by the teaching staff of the college since September 2021 citing uniform dress code and they have not been allowed to attend classes as they were wearing hijabs.
In another petition, Rasham (17) contended that the religious practice of wearing hijab is neither entangled in public law nor is there any conflict between her right to religious freedom and it is the duty of the state to regulate public affairs in matters of general nature or secular activities.
“The right of women to have the choice of dress based on religious injunctions is a fundamental right protected under Article 25(1) when such prescription of dress is an essential part of religion... Quranic injunctions and the Hadiths would show that it is a ‘farz’ to cover the head and wear the long-sleeved dress except for face part and exposing the body otherwise is forbidden (haram),” mentioned in the petition.
“A mere wearing of a Hijab being an essential part of Islamic religion cannot be the sole ground to deny education to the petitioner, thus it is nothing but a draconian manner of exercising state action pleasure by malafides,” petitioner stated.
The hijab issue was first started in the government PU college in Udupi, then it spread to Kundapura Bhandarkar's college. In Kundapura, college management has not allowed Muslim students to attend the classes wearing hijab. To counter hijab, Hindu boys wore a saffron shawl. The controversy has spread across the state. Meanwhile the state government has issued an order to ban the wearing of hijab in colleges and made the wearing of uniforms compulsory.