Hijab is not a part of essential religious practices of Islam, observes 3-Judge Bench; Petitioners likely to move SC
Bengaluru: In a significant judgement, the Karnataka High Court (HC) today upheld the Hijab ban and dismissed various petitions challenging the ban in educational institutions.
The full Bench of the Karnataka HC, comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S. Dixit and Jaibunnisa M. Khazi, said: “Hijab is not a part of essential religious practices of Islam. Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a).”
The Court observed that the “Government has the power to pass the Government Order (GO) and that no case is made out for its invalidation.”
“The prescription of school uniform is only a reasonable restriction, Constitutionally permissible which the students cannot object to,” the three-Judge Bench further noted.
The State Government had banned wearing clothes which disturbed equality, integrity and public order in Schools and Colleges.
The Bench said, “All the writ petitions are devoid of merits and are liable to be dismissed. Accordingly, all writ petitions are dismissed and in view of the dismissal, all the pending applications fall into insignificance and are accordingly disposed off.”
The petitioners are now likely to move the Supreme Court (SC). Advocate Shahul said, “We are consulting on the issue. Once the detailed order comes, we will analyse it and move the Supreme Court.”
This post was published on March 15, 2022 7:26 pm