Karnataka Highcourt upholds hijab ban and noted that hijab is not essential practice in Islam.

15-03-2022

The Full bench of Karnataka Highcourt today struck down all the student petitioner pleas against the ban on hijab in colleges and universities in the state of Karnataka.

Karnataka High Court composed of  CJI Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi,delivered that, “We are of the considered opinion that the hijab is not an essential practice under Islam,” and said state government of Karnataka has the complete authority in the prescription of a uniform, which is a normal limitation on the grounds of fundamental rights, and noted that there is no order till now that has delivered to struck down the Karnataka Government Order of 5th February, 2022 which instructed a formal dress code.

At the time of hearings, the petitioner's counsel delivered to court that the state government's recent order banning the hijab in educational institutions doesn’t have any legal standing. 

On Behalf of the student, senior lawyer Devadatt Kamat informed the High Court that the government order instructing the dress code is “illegal.” 

Kamat further said that it does not  matter “whether I or any other feels it is regressive. The believer’s viewpoint matters.”

In response to the petitioners’ pleas, on behalf of the Karnataka state government, AG Prabhuling Navadgi, informed the court “wearing of the hijab is not an essential practice in the terms of Islam” and Karnataka state government has the full authority in delivering any decisions when it comes to public maintenance, morality and health. 

The AG then informed the bench that as per the constitution of India fundamental rights are individual in nature and they are subject to restrictions. 

The AG also mentioned that practices of religion must not be optional, must be mandatory, to qualify as a necessary religious practice and that the plea who filed should prove that hijab is a compulsory and necessary religious practice.

Finally after hearing all the issues from both sides today the Karnataka full bench stays the order and delivered that hijab is not essential practice in Islam.

After today’s verdict by Karnataka High court Udupi students to go Pinnacle court over verdict.