Hijab Row: Discriminatory verdict denying girls equality of opportunity & right to education, says Yechury

The Karnataka High Court on Tuesday upheld the hijab ban, ruling that wearing a headscarf is not an essential religious practice. The state police has issued prohibitory orders banning protests in multiple cities across the case, anticipating possible unrest over the final decision of the three-judge special bench. Meanwhile, schools in Dakshina Kannada, some of which were rocked by protests last month, have been shut for the day.

Minority bodies, many parties term hijab verdict 'deeply disappointing', 'anti-constitutional'

The order, however, found favour with many BJP leaders who hailed it saying the entire debate on the issue should be seen from the context of women empowerment. Kerala Governor Arif Mohammed Khan also welcomed the court ruling and expressed hope that "such continuous attempts to push back young Muslim women into the four walls of a house, fail".

The four questions that decided hijab row verdict

The court broke down the petitions to consider whether there were any violations or discrepancies in the orders issued by the state

Read more

Eight 2nd PU girl students return home without appearing for prep exam

Even after the High Court pronounced its verdict on the Hijab row, as many as eight 2nd PU girl students of a government PU College at Kembhavi in Surpur taluk returned home after boycotting a preparatory examination on Tuesday.

Read more

Student moves SC against Karnataka HC verdict upholding hijab ban in colleges

A plea was Tuesday filed in the Supreme Court challenging the Karnataka High Court verdict which dismissed pleas seeking permission to wear hijab inside the classroom, saying Hijab is not a part of the essential religious practice in Islamic faith.

Read more

HC has upheld right of girls’ education, says HM Araga Jnanendra

He also appealed to students and citizens to maintain peace and calm. “Students should have a sense of fraternity in classrooms without mixing religion or communalism,” he said.

Read more

Hijab row: K'taka HC says unseen hands at work to engineer social unrest and disharmony

The Karnataka High Court has suggested the possibility of some 'unseen hands' behind the hijab row to engineer social unrest and disharmony. The court also expressed dismay over the issue being blown out of proportion.

Read more

Hope attempts to push Muslim women into four walls fail, says Kerala Guv welcoming verdict

The Karnataka High Court ruling that hijab was not a part of the essential religious practice in Islamic faith was welcomed by Kerala Governor Arif Mohammed Khan, who on Tuesday expressed hope that such continuous attempts to push back young Muslim women into the four walls of a house, fail.

Read more

We will appeal for Constitutional right in Supreme Court: Udupi Jilla Muslim Okkuta on Karnataka HCs hijab verdict

Udupi Jilla Muslim Okkuta has said that they will appeal for Constitutional rights in the Supreme Court following the verdict of the Karnataka High Court on the hijab row.

Read more

Wearing Hijab is an essential practice in Islam. Karnataka HC's verdict on Hijab is a bad judgment. We'll challenge the judgment before Supreme Court. We hope that justice will prevail in the Supreme Court, says senior Advocate AM Dhar one of petitioner(s

What does the government have to do with who wears what? Why the hijab controversy? Why are you charging up the atmosphere?: Telangana CM K Chandrashekar Rao in the State Assembly

It's a unanimous judgment by the court...State govt should've mutual discussions with political parties. The matter has not been solved & is further aggravated. Govt should take necessary steps to ensure the safety of girls: HD Devegowda

After the judgment by the special Bench of the Karnataka High Court, which dismissed the petitions seeking permission to wear hijab in classrooms, the counsels appearing for students on Tuesday said they will soon decide on approaching the Supreme Court.

The High Court special bench upheld the government order on the uniform. "We welcome the judgment by the High Court. We will obtain the copy of the order and see whether we can approach the SC on this matter," advocate Shatabish Shivanna, who appeared for the petitioners, said.

The court has given the verdict after hearing arguments and counterarguments for 11 days. The copy of the order is yet to be obtained. After studying the order, a decision will be taken, he reiterated.

National Conference (NC) leader Omar Abdullah says it is a “travesty” that the court did not uphold the basic right of a woman to choose how she wants to dress.

"Very disappointed by the verdict of the Karnataka High Court. Regardless of what you may think about the hijab it's not about an item of clothing, it's about the right of a woman to choose how she wants to dress. That the court didn't uphold this basic right is a travesty,” Omar said in a tweet.

National Commission for Women chairperson Rekha Sharma on Tuesday welcomed the decision of Karnataka High Court on Hijab ban, saying that students must follow the dress code prescribed inside an educational institution by the administration.

"Girls and women have the right to wear anything of their choice and nothing should come in the way of their freedom to choose but inside an educational institution, in my view, students must follow the dress code prescribed by the administration," the NCW chairperson said welcoming the court's decision.

Earlier, a Karnataka High Court's special bench dismissed all petitions seeking direction for permission to wear hijab in classrooms.

Former Congress minister Tanveer Sait said Tuesday that the High Court order against Hijab will be questioned before the Supreme Court.

Sait said this while his senior party colleagues are yet to take a stand on High Court order that wearing of the Hijab is not an essential religious practice under Islam.

Hijab verdict: Will try to win hearts of "misguided" Muslim girl students who are against the move and “bring them in mainstream of education”, says Karnataka Minister B C Nagesh

The judgement creates more problems than it resolved: Indira Jaising

Saket Gokhale on the issue with the HC verdict

Owaisi's rejoinder on why he disagrees with the HC verdict

Owaisi lists out why the HC verdict is against the act of worship:

4. It’s time to review the essential religious practice test. For a devout person, everything is essential & for an atheist nothing is essential. For a devout Hindu Brahmin, janeu is essential but for a non-Brahmin it may not be. It is absurd that judges can decide essentiality

5. Not even other people of the same religion have the right to decide essentiality. It is between the individual & God. State should be allowed to interfere in religious rights only if such acts of worship harm others. Headscarf does not harm anyone.

6. Banning headscarf definitely harms devout Muslim women and their families as it prevents them from accessing education

7. The excuse being used is that uniform will ensure uniformity. How? Will kids not know who’s from a rich/poor family? Do caste names not denote background?

8. What does uniform do to prevent teachers from discriminating? Globally, the experience has been that reasonable accommodations are made in school, police & army uniforms to reflect diversity.

9. When Ireland’s govt changed the rules for police uniform to allow hijab and Sikh turban, Modi govt welcomed it. So why double standards at home & abroad? Hijab and turbans of the uniform’s colours can allowed to be worn

10. What is the consequence of all of this? First, govt created a problem where none existed. Children were wearing hijab, bangles, etc & going to school. Second, violence was instigated and counter-protests were held with saffron turbans.

11. Are saffron turbans “essential”? Or only a “reaction” to hijab? Third, GO & HC order suspended fundamental rights. We saw media, police & admin harass hijab wearing students & even teachers. Kids have been even banned from writing exams. It’s a mass violation of civil rights

12. Lastly, this means that one religion has been targeted & its religious practice has been banned. Article 15 prohibits discrimination based on religion. Is this not a violation of the same? In short HC order has forced kids to choose between education & Allah’s commands

13. For Muslims it’s Allah’s command to be educated while also following his strictures (salah, hijab, roza, etc). Now govt is forcing girls to choose. So far judiciary has declared masjids, keeping a beard & now hijab as non-essential. What is left of free expression of beliefs?

14. I hope this judgement will not be used to legitimise harassment of hijab wearing women. One can only hope and eventually be disappointed when this starts happening to hijab wearing women in banks, hospitals, public transport etc

15. One can give a more detailed response whence the full judgement is made available. For now, this thread is based on the oral order dictated in court.

For a devout Muslim, Hijab is also an act of worship: Owaisi

Karnataka Chief Minister Basavaraj Bommai on Tuesday said everyone should abide by the verdict of the High Court on the Hijab row, and cooperate with the state government in implementing it.

Calling for maintenance of peace and order in the society, he also asked students to focus on their education, by accepting the court verdict. "I have just now got to know through the media about the High Court's order regarding the case related to uniform (in class rooms). The court has upheld the uniform and has said that Hijab is not an essential religious practice," Bommai said.

VHP welcomes HC judgement

Vishwa Hindu Parishad has welcomed the judgement of the High Court upheld ban on hijab in educational institutions.

VHP Divisional secretary Sharan Pumpwell said there is a need for equality in schools and colleges. The High Court has directed to adhere to uniform rules.

Security has been strengthened around Government PU College in Udupi where hijab controversy had first erupted in the last week of December

The entry inside the college has been prohibited. Security has also been strengthened near Jamiya Masjid in Udupi. KSRP platoons have been deployed at strategic locations.

The HC judgement is an important step in the direction of mainstreaming & strengthening education opportunities of girl children.: Surya

Read | The HC Judgement Full Text

It restates the position of law as held by SC in Sabarimala (case) by saying that what is essentially religious is not sufficient but what is required to be shown is essential to religion: Karnataka Attorney General, Prabuling Navadki

Institutional discipline prevails over individual choice. The judgment marks a paradigm shift in the interpretation of Article 25 of the constitution...,: Karnataka Attorney General, Prabuling Navadki

I welcome the judgment as it upholds the sanctity of uniforms and brings the focus in schools and colleges back on education: K Sudhakar

Karnataka HC’s decision to uphold the Hijab ban is deeply disappointing: Mufti

Petitioners to go to Supreme Court

HC verdict | What the bench said

“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith. The answer to second question is, we are of the considered opinion that the prescription of school uniform is only reasonable restriction constitutionally permissible which the students cannot object to. The answer to third question is, in view of above we are of the considered opinion that the government has power to issue the impugned government order dated 5-02-2022 and no case is made out for its invalidation. The answer to fourth question is, we are of the considered opinion that no case is made out in WP 2146/2022 for issuance of a direction for initiating disciplinary enquiry against respondents is rejected being not maintainable,” the bench said.
The bench further said, “Accordingly in the above circumstances, all these writ petitions being devoid of merits are liable to be and liable to be dismissed.”

Petitioners could take the matter up in the Supreme Court

This judgement is crucial for the examination of Article 25 of the Constitution. What does it say?

25. Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

Now the court has decided on the Hijab issue, there is no room for confusion. I urge students to conform to the school's uniform rules and attend classes: B.C Nagesh, Karnataka Education Minister

The basic work of students is to study. So leaving all this aside they should study and be united: Union Min Pralhad Joshi

I welcome the Court's decision. I appeal to everyone that the state & country has to go forward, everyone has to maintain peace by accepting the order of HC. The basic work of students is to study. So leaving all this aside they should study and be united: Pralhad Joshi

CM Bommai welcomes order, says it is a "well-balanced judgement"

Please adhere to the Karnataka High Court order. I request students to give priority to their studies. Come to school, study and attend exams: CM Bommai

No case is made out for invalidating the Government Order of February 5 : Karnataka High Court

Prescription of uniform is a reasonable restriction on fundamental rights: Karnataka High Court upholds hijab ban

Wearing of hijab is not under essential religious practice: Bench rules

Bench lays out key questions: CJ Ritu Raj Awasthi pronoucing the judgement.

1. Whether wearing hijab is an essential religious practice in islamic faaith protected under Article 25

2. Whether prescription of school uniform is violative of rights

3. Whether the govt order of February 5 was issued without application of mind and manifestly arbitrary

Bench begins hearing verdict

Special bench assembles, to announce verdict shortly

Section 144 (Prohibitory Orders) CRPC imposed in Bangalore City and many parts of Karnataka from today till March 21

Prohibitory orders, tight security in Bengaluru over hijab judgement: Apart from deploying extra force near educational institutions and sensitive areas, Pant has instructed the DCPs to keep an eye on social media

DH Toon | Prejudice shrouded in a headscarf

Today's hearing is crucial because it highlights the facets of essential religious practices and whether wearing hijab is covered under that

OPINION | Hijab: A matter of individual privacy

The right to wear the headscarf or the duty to wear one (which is a culturally agnostic phenomenon prevalent even among Christian nuns), in Islam, which lies at the centre of the essential religious practice/ fundamental right to religion argument, must be first understood in all its complexities. The Quran only prescribes modest attire and specifically in Surah 24:31, the genitals and the breasts are required to be covered. The Hijab is specifically found in the Hadiths.

Read more

The ongoing hijab row in Karnataka will be discussed in the state Assembly on Tuesday, with Speaker Vishveshwara Hegde Kageri fixing a time for discussion on the issue under Rule 69

Former Chief Minister H.D. Kumaraswamy raised the issue in the Assembly on Monday and demanded that he should be allowed to talk about uniforms at schools and colleges in the state. He maintained that it is necessary to discuss the issue as the uniform row has affected the education sector in the state.

Hijab row: What we know so far

On January 1, six girl students of a college in Udupi attended a press conference held by the Campus Front of India (CFI) in the coastal town protesting against the college authorities denying them entry into classrooms wearing headscarves. This was four days after they requested the principal permission to wear hijab in classes which was not allowed. Till then, students used to wear the headscarf to the campus, but entered the classroom after removing it, college principal Rudre Gowda had said. "The institution did not have any rule on hijab-wearing since no one used to wear it to the classroom in the last 35 years. The students who came with the demand had the backing of outside forces," Gowda had said. As the issue of Hijab versus saffron scarves spread to several educational institutions in many parts of Karnataka, the state government announced holiday from February 9 to February 15 in all the pre-university colleges and from February 9 to February 16 in degree and diploma colleges.

Hijab verdict: What we know so far

The demand by a section of girls in an Udupi pre-university college to wear Hijab inside their classrooms erupted into a major row after some Hindu students turned up in saffron shawls with the issue spreading to other parts of the state, even as the government insisted on a uniform norm. According to the lawyers appearing for the petitioner girls from Udupi district, the matter pertaining to Hijab case has been listed for Tuesday as serial No. 1 and the court may spell out the operative part of the verdict from 10.30 am onwards.

Apart from deploying extra force near educational institutions and sensitive areas, Pant has instructed the DCPs to keep an eye on the social media. He has also instructed DCP (Central) M N Anucheth to deploy policemen surrounding Vidhana Soudha and High

Senior officials including Pant appealed to the public to respect the court's order and maintain peace in the city. DG and IGP, Praveen Sood has also instructed his subordinates to take necessary measures to maintain peace across the state.

Prohibitory orders: No gathering, agitation, protest or celebrations in public places will be allowed in Bengaluru from March 15 to March 21

Hijab verdict: Holiday for schools, colleges in Dakshina Kannada on March 15

In the backdrop of Karnataka High Court pronouncing its judgement on hijab controversy on Tuesday, Dakshina Kannada Deputy Commissioner Dr Rajendra K V has declared holiday for all schools and colleges in Dakshina Kannada district on March 15.

The hijab row brought to fore how political outfits have, over the years, tried to gain a backdoor entry into colleges where they cannot have an active role because of the 1989 ban.

Today, with no active role to play on campuses, the presence of student political bodies is largely dictated by the political parties they are affiliated to. “If you let the students grow on their own, they will formulate their own initiatives. Now, they are being tutored by political parties,” Hariprasad laments.

The absence of student political bodies on campus has led to a vacuum of student leadership, according to Nagesh Kariyappa, National General Secretary, NSUI, a Congress-backed body.

According to Kariyappa, the hijab row in Karnataka would not have blown into a statewide conflict if there was an active student body in all colleges.

“Student groups would have intervened and the issue would have been resolved among students. The vendetta politics has become worse by suppressing students,” he believes, making a case for reintroducing campus elections.

Read more

ARTICULATIONS | The Government not only failed to protect young Muslim women’s right to education but its notification showed that it itself will not hesitate to deny Muslim women the right to education

The Government of Karnataka by its silence has shown the world that it does not believe that it has the obligation to protect the right to education of Muslim girls and that ostracising, humiliating and preventing Muslim teachers and students from wearing the hijab is allowed as far as this government is concerned.

Read more

Foreign media first to pick up hijab row: Karnataka revenue minister

"Such issues concerning students shouldn’t have been raised. But you see, nobody is wearing saffron stoles now whereas the hijab continues to be worn. Clearly, we can understand that there are organisations working behind the scenes."

Read more

EDITORIAL | The idea of uniform varies in different settings, and the need for it is not the same in every place where it is prescribed

But why are examiners becoming so worried and particular about what the candidates wear and do not wear, and how they look and walk? Is the authority becoming more suspicious and distrustful of young people – students, exam-takers, job-seekers – or are the younger ones of today bigger crooks than those who went before them? This is the first time the Karnataka Examination Authority is going into the nitty-gritty of permissible and impermissible attire for candidates, and it must be admitted that it is fairly exhaustive, though maybe some doubt why there is even a colour code and why the lungi, the Kashmiri phiran, the Roman toga and the Russian overcoat are not specifically mentioned as banned outfits.

In its interim order, the Bench asked the government to re-open the educational institutions which were hit by the agitation, and restrained students from wearing religious attire till the court issues the final order

As the issue of hijab versus saffron scarves spread to several educational institutions in many parts of Karnataka since then, the state government announced a holiday from February 9 to February 15 in all the pre-university colleges and from February 9 to February 16 in degree and diploma colleges.

The Bench, constituted on February 9 and comprising the Chief Justice, Justice Krishna S Dixit and Justice Jaibunnisa M Khazi, heard on a day-to-day basis over the last two weeks a batch of petitions filed by some girls seeking permission to wear the hijab in educational institutions where a uniform has been prescribed.

The girls were allegedly denied entry into a pre-university college for girls in Udupi in December last for violating the dress code.