'How can wearing headscarf become public order issue?': Karnataka HC told, hearing to resume tomorrow

Senior Advocate Devadatt Kamat, the counsel for the petitioners, argued: "How can a girl wearing a headscarf to school become a public order issue? How can it be a public order issue?"

Bengaluru: The counsel representing the girls in the petitions against the Hijab diktat by colleges in Karnataka on Tuesday asked the High Court how wearing a headscarf could become a law and order issue?

Justice Krishna S. Dixit of the Karnataka High Court was hearing the petitions filed by students of the Government Pre-University College for Girls, Udupi, demanding permission to attend classes wearing hijab. Senior Advocate Devadatt Kamat, the counsel for the petitioners, argued: "How can a girl wearing a headscarf to school become a public order issue? How can it be a public order issue?"

Justice Dixit said the hearing will continue tomorrow (Wednesday) and asked the "student community and the public at large" to maintain peace and tranquillity. Earlier, while hearing the petition, Justice Dixit had said, "We will go by reason, by law, not by passion or emotions. We will go by what Constitution says. Constitution is the Bhagavad Gita for me."

Postponing the remaining hearing to tomorrow, the court asked people not to protest and to maintain peace and tranquillity. "Do not disturb the Court. You should leave the judges to peace. Suppose if I see fire and blood on TV, judges will be disturbed. If my mind is disturbed, intellect will not work," the judge remarked.

What was the petition about?

The row which started from one college in Udupi last month where a principal had an issue with students wearing hijab has now snowballed into a massive political controversy with communally sensitive connotations. The petitioners have said that Udupi BJP MLA Raghupathy Bhat is illegally interfering in the activities of the college and has been made a party in the case. They have further requested the court to issue directions to the government not to interfere with their religious and fundamental rights. They mentioned that wearing a hijab is an essential part of their religion. The students have also explained in their petition that they wore hijab along with uniforms. The petitioners accused the Principal, Vice Principal, and lecturers of humiliating them for wearing hijab.

They further said that the students belonging to a particular community and wearing hijabs were denied entry into the college on December 28, 2021. They were asked to bring their parents, and when their parents came, the college authorities didn't meet them and made them wait for the whole day, the petition stated. The students have submitted two petitions to the High Court.

The Principal Secretary, Primary and Secondary Education Department, Director of Pre-University Education Department, Deputy Director of Udupi Pre-University College, District Commissioner of Udupi, Principal of Udupi Pre-University College will file objections to the court regarding the petition by the students to allow them to wear a hijab while attending classes.

The petitioner students have made Rudre Gowda, Principal of Udupi Pre-University College, Vice-president Gangadhar Sharma, seven lecturers parties in the case. The petition also seeks to order an investigation on the Principal of Udupi College for violating guidelines by the Pre-University Deputy Director and direction to the college authorities to mark their attendance.