A QUESTION OF FAITH
India Legal|March 28, 2022
A Karnataka High Court order stating that the hijab is not an essential part of Islam and that freedom of religion is subject to reasonable restrictions has become controversial and already reached the Supreme Court
A QUESTION OF FAITH

WE SUPPORT HIJAB

Students of a government pre-university college in Karnataka boycott classes in protest against the High Court verdict

IN an order that has raised eyebrows, a full bench of the Karnaa taka High Court has dismissed some petitions filed by Muslims girls from pre-university (PU) colleges in the Udupi region seeking the right to wear the hijab inside classrooms.

The 129-page judgment has instead put the ball in the court of educational institutes, stating that as the hijab was not an essential part of Islam, it is up the discretion of these institutes to decide the dress code and that the government has the power to issue an order, so no case is made out for disciplinary action against it.

The full bench, headed by Chief Justice Ritu Raj Awasthi and comprising Justice Krishna S Dixit and Justice JM Khazi, delivered its verdict on March 15. “We are of the considered opinion that the prescription of a school uniform is a reasonable restriction constitutionally permissible which the students cannot object to," said the bench. .

The Court said it had formulated some questions which needed to be answered. “We are of the considered opinion that the government has the power to issue the impugned government order dated February 5, 2022 and no case is made out for its invalidation, the full bench said. “Taking a holistic view of the entire matter we have postulated a few questions and we have a answered them accordingly. The questions that have been formulated are-Whether wearing the hijab or the headscarf is part of essential religious practice in Islamic faith under Article 25 of the Constitution?” the Court said.

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