Hijab not essential religious practice: State to Karnataka HC

KEY STORY

• In the ongoing hearing on petitions related to the hijab issue before the Karnataka High Court, Advocate General Prabhuling K Navadagi on Monday argued that student-petitioners have not been able to substantiate their claim that wearing hijab is an essential religious practice as they have not placed any material to support their argument. Citing several Supreme Court judgements, starting from Shirur Mutt to Sabarimala case, Navadagi said that wearing hijab is not an essential religious practice under Article 25 of the Constitution.

• He was arguing before the full bench of Chief Justice Ritu Raj Awasthi, Justices Krishna S Dixit and JM Khazi which is hearing a batch of petitions filed by Muslim students from Udupi district and others, questioning the order issued by the state government on February 5, 2022 banning hijab in schools and colleges where the College Development Committee (CDC) is constituted.

• Navadagi argued that the contention that triple talaq was part of a religious practice was rejected by the apex court. If wearing hijab is an essential religious practice, it should not come in conflict with the public order, he added.

• Not only that, it has to pass the ‘essential test’ on certain principles, otherwise the question of declaring a religious practice essential does not arise, he claimed. The principles raised by Navadagi are that wearing hijab must be a practice fundamental to that religion. If that practice is not observed or not followed or discontinued, it would result in change of the religion itself.

  ‘Govt doesn’t interfere in uniforms’

   

• The practice must precede the birth of the religion and that practice should not be evolved after the birth of the religion. The practice should be the cornerstone or foundation stone of the religion. If the practice is optional and not essential, then it is not binding. If it is compulsive and can be disobeyed, it ceases to be a part of the religion, he stated.

• He submitted that the state government does not interfere in the matter of uniform and hence the issue of deciding whether hijab to be permitted or not is left to the CDC. Navadagi submitted that he has communicated the grievances brought to his notice by one of the petitioners’ advocate, Mohammed Tahir, to the chief secretary to convene a meeting of all concerned to address them and take remedial measures.

• Officials of the education department informed that no such untoward incidents as claimed by the advocate have been reported, he pleaded. Navadagi will continue his arguments at 2.30 pm on Tuesday.

  Sec 144 around B’luru colleges

  Bengaluru: Following protests over the hijab row at educational institutions across the state, the Bengaluru city police have imposed prohibitory orders under Section 144 of the Criminal Procedure Code, prohibiting gathering or protesting within a radius of 200 metres around schools and colleges, for two more weeks. Karnataka has witnessed several demonstrations over the last week on the issue, which had forced the State Government to declare a holiday for high schools and colleges till Friday. As a preventive step, Bengaluru Police Commissioner Kamal Pant issued prohibitory orders on Monday, banning all types of demonstrations near educational institutions in the city till March 8.