Karnataka: Muslim student moves HC after college's hijab ban

A Muslim student has moved Karnataka High Court against a government women's college in Udupi for not allowing her to wear a hijab. A writ petition has been filed by the petitioner, seeking a declaration that wearing a hijab (headscarf) is a fundamental right guaranteed under Articles 14 and 25 of the Constitution of India and is an essential practice of Islam.

Bengaluru: A Muslim student has moved Karnataka High Court against a Government Girl's PU college in Udupi for not allowing her to wear a hijab. A writ petition has been filed by the petitioner, seeking a declaration that wearing a hijab (headscarf) is a fundamental right guaranteed under Articles 14 and 25 of the Constitution of India and is an essential practice of Islam.

In the application, she has mentioned that on December 28, 2021, some Muslim students who accompanied her to the college were denied entry on the grounds that they cannot wear hijab on the college premises. The petitioner alleged that this behavior is illegal and discriminatory against the students based on their religion. Reacting to her complaint, the college claimed that the petitioners and other similar students have violated the dress code by wearing a hijab and therefore were denied entry on totally legitimate grounds.

The petition claims that wearing a hijab is part of religious freedom, and in this light, it is contended that banning the hijab can only be done by invoking an interest of public order or morals of the society. "However, that is not the case here. The manner in which the respondent college has ousted the petitioner not only creates a stigma amongst her batchmates but among the children of the entire college which in turn will affect the mental health as well as future prospects of the petitioner," the plea reads.

The plea further claims discrimination among students for political reasons. "Moreover, the college has curtailed the educational rights of the applicant students for the cause of religion. Articles 25 and 26 of the Constitution reserve the freedom of religious observances. Wearing the Hijab is an integral part of Islam," it says. The plea refers to verses from the Holy Quran and states that taking away the practice of wearing the hijab from women who profess the Islamic faith, results in a fundamental change in the character of the Islamic religion. For this reason, the practice of wearing the hijab constitutes an essential and integral part of Islam, it adds.