Advocate General Prabhuling Navadgi, while arguing on behalf of Karnataka government, said that the practice of wearing hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution
File image of Karnataka High Court. WikimediaCommons
As the controversy around wearing hijab in educational institutions continues, the Karnataka High Court on Friday adjourned the hearing on petitions challenging the government ban on headscarves in classrooms to Monday.
The high court also declined a plea to restrain live streaming of proceedings.
Advocate General Prabhuling Navadgi, while arguing on behalf of the state of Karnataka, said that the practice of wearing hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution, which guarantees religious freedom.
“We have taken a stand that wearing hijab is not an essential religious part of Islam,” Advocate General of Karnataka Prabhuling Navadgi told the full bench of the High Court comprising Justice Ritu Raj Awasthi, Justice JM Khazi and Justice Krishna M Dixit.
Also read: Amid Udupi hijab controversy, demand for Uniform Civil Code grows stronger
The AG also rejected the charge of some Muslim girls, who challenged the Karnataka government’s order on 5 February that barred students from wearing hijab or saffron scarves saying that it violated Article 25 of the Constitution.
Article 25 gives freedom of conscience and free profession, practice and propagation of religion to the citizens of India.
“The government order also does not violate Article 19(1)(a) of the Constitution,” Navadgi argued, saying “Article 19(1)(a) guarantees to all its citizens the right to freedom of speech and expression.”
The Advocate General also contended that the 5 February order of the state government was in accordance with the law and there was nothing to object in it.
As soon as the proceedings began on Friday, senior advocate Prof Ravi Varma Kumar, representing the Muslim girls, claimed that live streaming of the proceeding was causing unrest in the society as the observations were taken out of context.
But the bench declined stating “Let the people understand what is the stand of the respondents as well.”
Speaking before the full bench, Navadgi said that the issues related to wearing hijab had turned religious and the intervention of the state was, therefore, “called for”.
He said that protests and unrest went on, therefore the impugned order of 5 February was passed. He added that the state government has ordered that the students should wear uniforms prescribed by colleges and it does not want to intervene in religious matters.
Following that the court asked, “Was government order banning hijab premature? On one hand you say that high-level committee is examining the issue. On the other hand, you issue this order. Does this not amount to contradictory stand by state?
Replying to the court, advocate general explained that the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution, which guarantees religious freedom.
Navadgi said, “As I have understood, the controversy falls in three broad categories. Firstly, the order dated 05.02.2022. My first submission is that the order is in consonance with the Education Act. Second is the more substantive argument that hijab is an essential part. We have taken the stand that wearing of hijab does not fall within the essential religious practise of Islam. Third one is that this right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so. Practise of Hijab must pass the test of Constitutional morality and individual dignity as expounded by the Supreme Court in the Sabrimala and Shayara Bano (Triple Talaq) cases. This is the positive proposition we are independently arguing.”
Earlier in the day, the state minority welfare department issued a fresh circular restraining students of schools under it from wearing saffron shawls, scarfs, hijab, religious flags or similar inside classrooms until further orders.
“We make it clear that this order is confined to such of the institutions wherein the college Development Committees have prescribed the student dress code/uniform,” the department clarified.
With input from agencies
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