No religious wear until case is resolved: Karnataka HC

The Karnataka High Court issued an interim injunction in the Hijab ban case on Thursday, instructing students not to wear anything religious-related till the case is resolved.

Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi announced that an order would be issued on Monday. The students and stakeholders, however, will not wear any religious garments or headdresses until the case is resolved, according to the Court.

The court said, “We will pass an order that let the institutions start, but till the matter is pending, these students and stakeholders will not insist on wearing any religious garment or headdress. We will restrain everyone. We want peace and tranquillity…Till the disposal of the matter, you people should not insist on wearing all these religious things. We will restrain everyone (in the interim) from adopting all these practices.”

The Karnataka Court is considering a slew of petitions from Muslim female students in the state who say that universities have barred them from enrolling because they wear hijab. The case was first handled by Justice Dixit, but on Wednesday, the court referred it to a bigger Bench, citing the importance of the concerns.

Senior Advocate Sanjay Hegde, who represented one of the petitioners, stated that they would argue on the constitutional issues highlighted in the petition, as well as statute and rule-related issues.

He alleged that from September 2021, the petitioners have been marked absent and forced to stand outside the classroom. He asserted that the Karnataka Education Act has no specific provision for uniforms. He said that there are no penalties for breaking the act's rules.

The government's position, according to Advocate General Prabhuling Navadgi, is that students should follow the dress code established by the relevant college.

“We want all students to come to college, and classes have to start. So my submission is the issues will be considered by Court but in meanwhile education should commence,” he further said.

Another student lawyer, Devadatt Kamat, petitioned the Court to allow the students to attend lessons while wearing hijab in the interim, pending the Court's decision.

“This is not a harmful practice. These are innocuous practices. It is not like somebody else is being harmed.”

Kamat remarked. The court, however, did not accept this plea.

The case was adjourned until February 14 by the court, who also stated that petitioners would not be able to wear hijab or any other religious garment to universities until then. The Court also urged the student body and the general public to maintain calm and harmony.