On Monday, the 21st of February, the Karnataka High Court reviewed the Karnataka Hijab Row matter.

The bench of three, comprising Karnataka HC Chief Justice Ms. Ritu Raj Awasthi, Justice J.M. Khasi, and Justice Krishna N. Dixit continued the hearing.   

During the hearing, the Advocate General (AG) representing the State Government, Mr. Prabhuling Navadgi said, “This is our stand that Hijab is not an essential religious practice.  There was a statement by Dr. B.R. Ambedkar in the Constituent Assembly where he said ‘let us keep the religious instructions outside educational institutions.”

Citing the same, the AG said, since Hijab is a nonessential religious practice, it should be kept outside the educational institutions.  According to the AG, only the essential religious practice gets protection under Article 25, of the Indian Constitution.  However, hijab is noy essential practice, which does not come under the aforementioned Article 25 (which guarantees the citizens to practice the faith of their choice.) 

Responding to the AG’s arguments, the Chief Justice Ms. Ritu Raj Awasthi said, “You have argued that Government Order is innocuous and the State Government has not banned Hijab and not put any restrictions on it.  The GO says that the students should wear the prescribed uniform.  What is your stand — whether Hijab can be permitted or not in educational institutions?” 

In reply, Navadgi said if the institutions allow it, then the government would possibly take a decision as and when the issue arises. 

After listening to the arguments of AG Navadgi justifying the Government’s stand, the HC adjourned the case to the 22nd of February.  The hearing for the ongoing Hijab row would begin today at 2:30 P.M.

Notably, six Muslim students of pre-university in Udupi filed a writ petition, after they were denied entry in Hijab, to class.  The matter soon intensified with protest and support from opposition political parties and social activists.  In regard to controlling the situation, the Karnataka Government imposed Section 144 of the Code of Criminal Procedure (CrPC) and extended it till the 8th of March. 

Stay tuned for further updates. 

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