New Delhi: Following a split verdict by the Supreme Court in the Karnataka hijab case, Education Minister BC Nagesh on Thursday announced that the Karnataka HC verdict upholding a ban on hijab in school and college campuses will remain valid.
"The Karnataka High Court order will remain valid. Hence, in all our schools and colleges as per the Karnataka education act and rule, there will be no scope for any religious symbols. So, our schools and colleges will run as per the Karnataka High Court order. Children will have to come to the schools accordingly," Nagesh said.
"The ban on hijab will continue. The Karnataka Education Act and Rule do not permit any religious items inside the class. So, we are very clear that no student can wear hijab inside the class," he added. This comes after the bench of SC Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict on the issue earlier in the day, and the case was ultimately referred to CJI UU Lalit for a final hearing.
Also read: Hijab stalemate continues as two-member bench of SC differ on their opinion
Advocate Barun Sinha, representing Hindu Sena, a party to the proceedings, claimed on Thursday that the HC's verdict earlier in the case would remain applicable for now. "In view of a split verdict by the Supreme Court, the order of the Karnataka High Court will remain applicable in the interim time" Sinha was quoted as saying by news agency ANI. The Sena, on February 14 this year, filed an application before the Karnataka HC seeking intervention and citing that freedom of religion was not absolute in a secular democracy such as India.
Reacting to the split hearing, All India Majlis-e-Ittehadul Muslimeen President and MP Asaduddin Owaisi said that he was hoping the matter would get resolved during the division bench hearing, instead of dragging on further. "One Supreme Court judge has ruled in favour of hijab, and as far as the Karnataka High Court's judgement is concerned, in my opinion, it was bad in law, bad in content, and had misused Quranic commentary and translation. This has serious ramifications and should not have been allowed," he said, also accusing the BJP of having spun up the issue "in order to create a ruckus."
Meanwhile, senior Samajwadi Party leader Shafiqur Rahman Barq stated that the "society, not just Islam" would suffer damages in case of restrictive regulations were established against the hijab in institutions. "Islam mandates women to don the hijab and to not go about without the headcover, as this leads to deterioration of the society and an increase in population. If they ban the hijab, it would be detrimental for both Islam and society at large," he added.
Hijab case chronology
- Jan 1, 2022: Some Muslim students of a pre-university college in Karnataka's Udupi not allowed to attend classes wearing hijab.
Students barred from classroom start protest against college administration. - Jan 26: Karnataka govt sets up expert committee to resolve issue.
- Jan 31: Student moves HC against hijab curbs, seeking declaration that wearing hijab is Fundamental Right guaranteed under Constitution of India.
- Feb 5: Karnataka government imposes ban on clothing which violates right to equality, integrity and public order in educational institutions
- Feb 8: Clash breaks out among the students from two communities in Udupi district college.
Section 144 imposed in Shivamogga to restricts public gatherings after protests turned violent.
Karnataka CM orders closure of all high schools and colleges for few days. - Feb 10: Karnataka HC passes interim order saying colleges in state can reopen, but students cannot be allowed to wear any piece of clothing that is religious till the matter is pending.
- Feb 11: Petitions filed before SC against HC directives in interim order.
- Mar 15: Karnataka HC rules hijab not part of essential Islamic religious practice, upholds state govt's ban on wearing headscarf in educational institutions.
HC verdict challenged before Supreme Court hours after judgment. - Jul 13: SC agrees to hear petitions filed against the Karnataka HC's verdict.
- Sep 22: SC reserves verdict on pleas.
- Oct 13: SC delivers split verdict on hijab ban, directs placing appeals against Karnataka HC order before CJI for constitution of larger bench.
