The history is in verge of repeating itself just like in shah bano case in
which court held that Muslim women has same rights to enjoy as women of other
faith has. Hijab issue has gathered lot of attention not only in state of
Karnataka but its echoes are being heard all over India. The Hijab has gathered
lot of attention and has become a matter of debate in India.
Background Of Whole Controversy:
On January 1, six female students from government PU College for girls claim in
press conference that they were not allowed to attend the class for last 15 days
because they were wearing Hijab in the class which was not the case when they
join the college a year ago. The press conference was organized by the Campus
Front of India
After that bjp MLA who heads the committee of the government college held
meeting with Girls parents and other stakeholders and informed them about rules
and regulations of the college of not wearing anything which may represent their
religion, but the girls refused and decide to stay away from classroom.
The issue quickly turned provocative when Hindu students came in colleges
wearing saffron shawls, and right-wing groups on both sides making controversial
statements. Fearing violence, the state government of Karnataka shut down high
schools and colleges.
The students then decided to go to high court and file writ petition and also
approached to National human right commission. The issue quickly catches the
fire and other political leader get involved in this controversy .Kundapura MLA
Haladi Srinivas Shetty also held meeting with parents and told them to comply
with rules till the government take the final decision in the matter.
On other hand girls student replied that how can someone force them to not to
wear Hijab followed by sudden change to bar Hijab. Cases of similar matter have
been reported in several colleges in Udipi district of Karnataka.
Government Stance On The Issue:
Karnataka High Court Stance On The Issue:
- The Karnataka government has issue a notice to comply with uniform code
prescribe by the committee of the college.
- The department has issued circular appealing students to comply with
rules till the high court pronounces its verdict on the matter.
On March 15, Bench comprising of chief Justice Ritu Raj Awasthi and Justice
Krishna Dixit and D.M Kazi upheld the ban on Hijab in the state educational
institution. And it was decided that Hijab is not an essential religious
practice of Islam.
Is wearing Hijab protected by article 25 of the constitution (Right to
freedom of conscience)?
- Taking the help of Bijoe Emmanuel VS State of Kerala, 1986 ,
Muslim students argued that wearing Hijab is Part of their conscientious
belief, it must be protected. The court stated that wearing Hijab is not a
religious practice. Rather it is a cultural practice. It cannot be regarded
as quintessential aspect of religion.
Is wearing Hijab an essential religious practice under Islam?
- THE COURT held that wearing Hijab is not an important religious
practice. It did not merit protection under article 25 of the Indian
Does the Ban on the Hijab in Educational institution violate the Right to
Freedom of Expression and the Right to Privacy?
Supreme Court Decision:
- The honorable Court held that the ban on the Hijab in State educational
institutions did not violate people Right to Freedom of Speech and
Expression given under Article 19(1)(a) of the Constitution
The Supreme Court on Thursday delivered a split verdict on the ban of wearing of
Hijab in educational institutions in Karnataka – with one judge(justice Hemant
Gupta) affirming that the state government is authorized to enforce uniform in
schools and the other(Shudhanshu Dhulia) calling Hijab a matter of choice that
cannot be stifled by the state.
Written By: Harshita Rawat
- 1st year law student at (Dr.Ram Manohar
Lohiya National Law University)