“Govt is picking on hijab alone," students during the hearing

On Wednesday, the Karnataka high court postponed the hearing on Hijab applications until Thursday.

According to the sources, at the court, counsel Ravivarma Kumar, who was representing a group of the students, said that the "government is picking on hijab alone."

He informed the bench, which included top judge Ritu Raj Awasthi, justices Krishna Dixit and Justice JM Khazi, that "Hindu girls wearing bangles and Christian girls wearing cross are not sent out."

Kumar also stated that "no other religious symbol is considered in the government Order," implying that discrimination against Muslim girls is solely based on religion.

"Why is it only hijab?" He wondered aloud, "Is it because of their religion?"

According to news agency ANI, Kumar further claimed that the Karnataka government decree neither specific "provisions nor rules of the ban on wearing Hijab."

He also slammed the state government's formation of the College Development Committee, an expert panel tasked with resolving the dispute. Kumar questioned if the group, which is led by an MLA that will represent a specific political party or ideology, can be trusted with the students' wellbeing. "The College Development Committee cannot have police power over students," Kumar told the high court.

He further said, "Constitution of a committee of this nature gives a death blow to our democracy."

"Rules say when an educational institution intends to change uniform, it has to issue notice one year in advance to parents," the senior advocate noted. "If there was a ban on Hijab, it (the state government) should have informed one year in advance," he claimed. 

Since the latter week of December, when some hijab-clad schoolgirls were barred from entering classes, tensions in Karnataka have been high. Massive protests erupted in the state, which then expanded across the country.

“Why is govt making this hostile discrimination? Bangles are worn? Are they not religious symbols? Why is govt picking on these poor Muslim girls? A bindi-wearing girl is not sent out, a bangle-wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is a violation of Art 15” he also said.

The state government cited the Karnataka Education Act in February, which forbids any item of fabric that is not prescribed under consistent norms and has an adverse effect on harmony, equality, or the public in educational institutions.

Kumar further cited the Karnataka Education Act, claiming that no elements in the act implied a prohibition on hijab. He also added, “Rule says when educational institution intends to change uniform, it has to issue notice one yr in advance to parents; if ban on Hijab, it should inform one yr in advance.”

He also argued that uniform is not mandatory for students studying in Pre-University colleges. Some colleges and management committees have imposed uniforms as mandatory, which is illegal. Prescription of any uniform is illegal. Explaining the role of education, Kumar said that education is to promote plurality, not to promote uniformity or homogeneity, but heterogeneity. The classroom should be a place for recognition and reflection of diversity in society, he said.

Last Monday, the High Court ordered that no one dress up in religious garb in educational institutions until the case was heard. On Friday, the court also ruled that educational institutions reopen on February 16.

Meanwhile, in the Udupi district, prohibitive measures under section 144 have been imposed in the vicinity of pre-university colleges and degree colleges.

Many Muslim students in Karnataka were observed today disobeying the HC's interim judgment by continuing to wear hijab and burqa in schools and colleges and protesting against those who refused to let them enter the campus wearing hijab, screaming 'Allah-hu-Akbar' on the streets.

The hijab case is being heard by a bench consisting of Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi, who will hear the petitions again tomorrow at 2.30 p.m.

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