Hijab ruling will have effect on constitutional morality, individual dignity, AG to HC
Karnataka Advocate General Prabhuling Navadgi on Tuesday told the High Court that the judicial decision onhijabwill have binding on "constitutional morality" and "individual dignity".
"When we impose, the element of choice of dress goes away. The woman will be obligated to wear that dress. It becomes compulsory," he said in his concluding remarks before a three-judge bench, headed by Chief Justice Ritu Raj Awasthi, hearing thehijabrow.
"Women cannot be subjugated to any form of dress code and she can't be made to feel less equal and children of a lesser god. Judicial declaration of every woman of a particular religion to wearhijab, would it not violate the dignity? If it is a compulsion of an attire, it is impermissible on this day.
"We propose no ban onhijab, it should be left to the choice of the woman. Right to privacy cannot be enshrined in public. Institutional discipline is paramount. Dignity of women must also be kept in mind in a plural society," Navadagi said.
Right to wear hijab does not fall under Article 25 of Constitution: Karnataka govt in HC
The Karnataka government on Tuesday told the High Court that there is no restriction on wearing Hijab in India with reasonable restrictions subject to institutional discipline and dismissed the charge that denial to wear the headscarf was a violation of Article 15 of the Constitution, which prohibits discrimination of every sort.
Countering the petitioner Muslim girls from Udupi district, who challenged the restriction on Hijab inside the educational institutions, Karnataka Advocate General Prabhuling Navadgi said the right to wear the headscarf falls under the category of 19(1)(A) and not Article 25 as has been argued by the petitioners.
"The right to wear Hijab falls under Article 19(1)(A) and not Article 25. If one wishes to wear Hijab, then there is no restriction 'subject to the institutional discipline'. The rights claimed under Article 19(1)(A) is related to Article 19(2) where the government places a reasonable restriction subjected to institutional restriction," Navadgi told the full bench of the Karnataka High Court.
The full bench of Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna M Dixit is hearing a batch of petitions seeking permission to wear Hijab inside the classroom. Navadgi further said the institutional restriction in the present case is only inside the educational institutions and not anywhere else.
Arguing further, he said the independent claim of 19(1)(A) cannot go together with Article 25. "The consequence of the demand to declare Hijab as an essential religious practice is huge because there is an element of compulsion or else you will be expelled from the community," Navadgi told the court.
Karnataka HC hearing over hijab ban in educational institutes ends for today.
Wish to finish hearing Hijab case this week: Karnataka HC
The Karnataka High Court on Tuesday said it wishes to dispose of the Hijab related case this week itself and sought the cooperation of all the parties involved.
A right cannot be exercised in isolation in public spaces, says AG
AG argues,"A right cannot be exercised in isolation in public spaces. Institutional discipline is paramount."
No prohibition of hijab, but can't be compulsory: AG
AG says, "There is no prohibition of hijab anywhere. But it cannot be compulsory, it should be left to the choice of the women concerned."
There can't be religious sanction by way of judicial declaration: AG
Karnataka AG argues, "Choice to wear, every women of every faith has that choice...There cannot be a religious sanction by way of judicial declaration. This is not for college or school but entire community."
AG quotes Ismail Faruqui case (that dealt with Babri Masjid property acquisition) which held that offering namaz in a Mosque is not a fundamental principle
Restriction on wearing hijab not in institution but only in classroom during class hours, says AG
Right to wear hijab can be claimed under Art 19 (1) a, but can be restricted in Art 19 (2): AG
Wearing of headscarf permitted in country but subject to institutional discipline, argues AG
Hijab optional, not compulsory; hence not essential religious practice, AG tells bench
Counsel mentions PIL about hijab-clad students being chased by mediapersons in schools, colleges; urges HC to hear matter
The High Court hearing has resumed, AG continues argument
On Monday, the Advocate General had argued that hijab was not an essential religious practice and cited a number of cases where courts had ruled on similar matters
The high court hearing into the hijab row is entering its eight day. The three-judge bench will resume hearing arguments from 2:30 pm today
Muslim groups want hijab row resolved harmoniously
Sunni Jam-Iyyathul Ulama Central Committee Secretary S P Hamza Sakhafi and Udupi Khazi and Sunni Jam-Iyyathul Ulama Central Committee President Khazi M Abdul Hameed Musliyar Mani have called for a harmonious resolution to the controversy surrounding hijab.
AICC secretary to hold indefinite hunger strike over hijab row
Following controversy over hijab, AICC secretary P V Mohan has decided to start an indefinite hunger strike to instill confidence among students after March 7.
The government has not responded to the controversy over hijab properly. “Hijab is also a part of their culture. The state government should stop using the hijab issue for their political gains. I have decided to hold a hunger strike after March 7 when the Mekedatu padayatra completes. I will not stop my hunger strike until the government allows students to wear headscarves in school and colleges,” Mohan said.
Hijab row: Karnataka student alleges brother attacked by 'Sangh Parivar goons'
One of the petitioners in the hijab case in the Karnataka High Court, Hazra Shifa, has alleged that “Sangh Parivar goons” on Monday night attacked her brother and damaged her property in Udupi.
Hijab row: Udupi college principal writes to agitating girls to appear for practical exam
Udupi Government PU College Principal Rudre Gowda has written a letter to agitating Muslim students to appear for the practical exams.
The students haveremained absent from classes demanding to wear hijab.
Hijab row: Some students skip classes, exams
Hijab row continued to spark off protests by some girls in parts of the state on Monday. Many girls chose not to attend classes, SSLC preparatory exams, PU and degree practical examinations in schools and colleges.
Religious practice will have to be essential to faith: Government tells High Court
Resuming his arguments before the three-judge full bench on petitions pertaining to the Hijab controversy, Advocate General (AG) Prabhuling K Navadgi claimed that the petitioners have not placed any material to establish their claim that wearing of Hijabis an essential religious practice in Islam.
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Prohibitory orders extended around schools, colleges till March 8 in Bengaluru
In view of the hijab controversy, Bengaluru police commissioner Kamal Pant has extended the prohibitory orders around educational institutions till March 8.