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

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Published : Feb 16, 2022, 5:02 PM IST

Referring to how students belonging to different religions wear their religious symbols without any restrictions, Kumar asked, "When there are hundreds of symbols why is the government picking on Hijab?"

Hijab wearing girls are sent out because of their religion: Girls face "hostile discrimination," Karnataka HC told
Hijab wearing girls are sent out because of their religion: Girls face "hostile discrimination," 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 fourth 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. In its interim order, the court had also directed the state government to reopen educational institutions.

While the schools reopened on Monday, Pre-University and degree colleges reopened on Wednesday, with Section 144 in place and heavy police deployment in several parts of the state. Senior Advocate Professor Ravivarma Kumar started arguing for petitioners on Tuesday and the hearing ended with the court rejecting the affidavit filed by the advocate, which alleged misuse of interim order by authorities.

Resuming his submissions today, the senior advocate referred to the Education Act and stated "educational institution should give one-year advance notice to parents for changing uniform". He argued that uniform is not mandatory for students in PU colleges but "some college and management committees imposed uniforms as mandatory, which is illegal".

Referring to how students belonging to different religions wear their religious symbols without any restrictions, Kumar asked, "When there are hundreds of symbols why is the government picking on Hijab?" He submitted that a bindi or bangle wearing girl is not sent out of the classroom. Hijab-wearing girls are being sent out because of their "religion", he said and called the state's act "hostile discrimination".

Kumar quoted the judgement on "Rosamma A.V vs The University Of Calicut" to say, the goal of education is to "promote plurality, not to promote uniformity or homogeneity, but heterogeneity". "Classrooms should be a place for recognition and reflection of diversity in society." "Heterogeneity in classroom should be maintained. This is the motto of RTE Act" was stated by Government of India before SC in the Society of Unaided Schools case, submitted Advocate Kumar.

READ: Colleges reopen in Karnataka, Hijabi students denied entry, Section 144 in pockets

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 fourth 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. In its interim order, the court had also directed the state government to reopen educational institutions.

While the schools reopened on Monday, Pre-University and degree colleges reopened on Wednesday, with Section 144 in place and heavy police deployment in several parts of the state. Senior Advocate Professor Ravivarma Kumar started arguing for petitioners on Tuesday and the hearing ended with the court rejecting the affidavit filed by the advocate, which alleged misuse of interim order by authorities.

Resuming his submissions today, the senior advocate referred to the Education Act and stated "educational institution should give one-year advance notice to parents for changing uniform". He argued that uniform is not mandatory for students in PU colleges but "some college and management committees imposed uniforms as mandatory, which is illegal".

Referring to how students belonging to different religions wear their religious symbols without any restrictions, Kumar asked, "When there are hundreds of symbols why is the government picking on Hijab?" He submitted that a bindi or bangle wearing girl is not sent out of the classroom. Hijab-wearing girls are being sent out because of their "religion", he said and called the state's act "hostile discrimination".

Kumar quoted the judgement on "Rosamma A.V vs The University Of Calicut" to say, the goal of education is to "promote plurality, not to promote uniformity or homogeneity, but heterogeneity". "Classrooms should be a place for recognition and reflection of diversity in society." "Heterogeneity in classroom should be maintained. This is the motto of RTE Act" was stated by Government of India before SC in the Society of Unaided Schools case, submitted Advocate Kumar.

READ: Colleges reopen in Karnataka, Hijabi students denied entry, Section 144 in pockets

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