Hijab verdict: What's in Karnataka High Court judgment and how the parties reacted?

In the midst of nationwide attention, the Karnataka High Court has on Tuesday - March 15 delivered its verdict, upholding the ban of hijab in educational institutions. The court has dismissed the pleas moved by the students against the ban imposed by the government. Recently, the state has witnessed awful events where the school and college students locked horns over religion. The bigotry held by the Hindutva backed students had disputed against the Muslim girls for wearing hijab at the educational institutions. The scale of dispute had gone to the level where the state government declared holidays for the institutions. 

Amid the revelation that the Hindutva outfits have been working out propaganda against the Hijab-clad women students, the matter was on the legal table after the government restricted hijab culture. Several students had approached the High Court against the Hijab ban and their pleas were now been dismissed as the state's top judicial body has upheld the restrictions on the hijab culture in the educational institutions. The verdict has triggered a fresh war of words between the political parties, with the opposition leaders raising concerns over the judgement. 

According to reports, while the state BJP Ministers and legislators had welcomed the verdict and appealed to the public to uphold it, the opposition leaders have urged the state government not to use the issue for political gains ahead of the 2023 assembly polls. Karnataka Higher Education Minister Ashwathnarayanan has instructed the students to focus on their education and not get distracted by cladding religious garments in classrooms. 

He said, "No matter which religion they (students) belong to, they must focus on their education, they must imagine a wonderful future and work towards it. Do not waste the opportunities of life by giving undue priority to any religious garments. Everyone should live in harmony." Karnataka Chief Minister Basavaraj Bommai has also appealed to the public to maintain peace in the state. Addressing the reporters, he said, "It is very important that peace be maintained in society. I appeal to the public, opposition leaders, to all the youth and students, we must all accept the judgement." 

"This will help strengthen our education, and all must work to uphold it. You must attend classes, you must attend exams, you must prioritise your future", he added. Karnataka Education Minister Nagesh said, "I welcome the landmark judgment of the Hon'ble Karnataka High Court on school/ college uniform rules. It reiterated that the law of the land is above everything." 

Ahead of the verdict, the Karnataka government has on Monday imposed section 144 curfew in several parts of the state including Dakshina Kannada, Shivamogga, and Hassan. The government has also ordered to close the educational institutions on Wednesday. The High Court has on Tuesday said that wearing the hijab is not part of essential religious practise under Islam. It has further said that the students can't object to uniforms prescribed by educational institutions. 

The court has noted that the prescription of uniforms for students in an institution falls under the category of reasonable restrictions and that the government has the power to pass the order. While the BJP leaders had welcomed the verdict, opposition parties cast their demands on the government. Karnataka Congress president DK Shivakumar said, "My greatest concern in the hijab controversy is education, and law and order." 

He further said, "The Karnataka High Court has given a judgment but the responsibility for education, law and order and communal harmony is still with the government of Karnakata." In a series of tweets, Shivakumar said, "I appeal to the Government of Karnataka to show mature leadership and ensure: 1) That law and order are maintained in and around schools and colleges, 2) That the education of students is not hampered, regardless of religion and gender, 3) That there is communal harmony." 

Former Prime Minister and Chief of JD(S) HD Devegowada said, "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 the necessary steps to ensure the safety of girls."  Kerala Governor Arif Mohammed Khan came in the line with BJP and said, "Islam itself defines what's essential to the practice of the faith, so the judiciary's job has become easy. Hijab has been mentioned 7 times in the Quran, but not in the context of the dress code." 

Speaking to ANI, lawyer AM Dhar, who appeared for one of the petitioners against the hijab ban noted that the verdict was bad and that it will be challenged. He said, "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." Hyderabad MP Asaduddin Owaisi said, "Judgement violates fundamental rights like freedom of religion, culture, expression & Art.15. It'll have a negative impact on Muslim women, they'll be targeted. Modernity is not about eschewing religious practices. What's the problem if one wears hijab." 

 

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