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Hijab not an essential religious practice in Islam: Karnataka tells HC

Beginning the submissions on behalf of the state today, Advocate General Prabhuling Navadgi contended that Hijab is not an "essential religious practice of Islam" and preventing its use did not violate Article 25 of the Constitution.

Hijab row: Karnataka HC resumes hearing
Hijab row: Karnataka HC resumes hearing
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Published : Feb 18, 2022, 3:11 PM IST

Updated : Feb 18, 2022, 6:11 PM IST

Bengaluru: The hearing of a batch of petitions in the ongoing Hijab ban row, which is being heard by a three-member bench of Karnataka High Court, entered its sixth day today. The full bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi, which is hearing the related petitions, had, on February 10, barred the wearing of Hijab, saffron shawls, scarves in school until the final directions from the court.

Beginning the submissions on behalf of the state today, Advocate General Prabhuling Navadgi contended that Hijab is not an "essential religious practice of Islam" and preventing its use did not violate Article 25 of the Constitution. The AG said that the prescription of uniform has been there for "some time" at the PU College, Udupi, where the Hijab row first started.

Though the uniform was prescribed in 2018, he said that "there was no difficulty till December 2021, when a group of students, possibly petitioners, approached the principal and insisted that they will enter the college with Hijab". He also mentioned the meeting college had with the students' parents, where they were told that the "uniform system is there since 1985".

However, since the protests continued, College Development Council made yet another resolution, making a "positive assertion that children should not wear the Hijab," argued the AG. Upon hearing that CDC comprises of an MLA among others, Chief Justice Dixit observed, "It is not that we have no respect for MLAs. But point is, MLA is a more political character. Whether that character should have overtone in the administration of an educational institution? It is not about this party or that party".

Continuing on behalf of the State, the AG said "Hijab is not part of essential religious practice" and that he will substantiate that statement on Monday. With that, the hearing in the Hijab row was adjourned to Monday.

READ: Hijab wearing students sent out because of their religion, Karnataka HC told

Bengaluru: The hearing of a batch of petitions in the ongoing Hijab ban row, which is being heard by a three-member bench of Karnataka High Court, entered its sixth day today. The full bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi, which is hearing the related petitions, had, on February 10, barred the wearing of Hijab, saffron shawls, scarves in school until the final directions from the court.

Beginning the submissions on behalf of the state today, Advocate General Prabhuling Navadgi contended that Hijab is not an "essential religious practice of Islam" and preventing its use did not violate Article 25 of the Constitution. The AG said that the prescription of uniform has been there for "some time" at the PU College, Udupi, where the Hijab row first started.

Though the uniform was prescribed in 2018, he said that "there was no difficulty till December 2021, when a group of students, possibly petitioners, approached the principal and insisted that they will enter the college with Hijab". He also mentioned the meeting college had with the students' parents, where they were told that the "uniform system is there since 1985".

However, since the protests continued, College Development Council made yet another resolution, making a "positive assertion that children should not wear the Hijab," argued the AG. Upon hearing that CDC comprises of an MLA among others, Chief Justice Dixit observed, "It is not that we have no respect for MLAs. But point is, MLA is a more political character. Whether that character should have overtone in the administration of an educational institution? It is not about this party or that party".

Continuing on behalf of the State, the AG said "Hijab is not part of essential religious practice" and that he will substantiate that statement on Monday. With that, the hearing in the Hijab row was adjourned to Monday.

READ: Hijab wearing students sent out because of their religion, Karnataka HC told

Last Updated : Feb 18, 2022, 6:11 PM IST
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