No Hijab in classrooms, Karnataka High Court gives verdict

Bengaluru: The Karnataka High Court on Tuesday dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear Hijab inside the classroom, saying the headscarf is not a part of the essential religious practice in Islamic faith.

The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, a three-judge bench headed by Chief Justice Ritu Raj Awasthi further noted.

Karnataka Primary and Secondary Education Minister B C Nagesh welcomed the order and described it as "landmark."

"We are of the considered opinion that wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith," Chief Justice Awasthi, who headed the full bench of the High Court, said reading out portion of the order.

The other two judges in the panel were Justice Krishna S Dixit and Justice J M Khazi.

The bench also maintained that the government has power to issue impugned order dated February 5, 2022 and no case is made out for its invalidation.

By the said order, the Karnataka government had banned wearing clothes which disturb equality, integrity and public order in schools and colleges, which the Muslim girls had challenged in the High Court.

The bench also rejected the plea to initiate a disciplinary inquiry against the college, its principal and a teacher.

"In the above circumstances, all these writ petitions being devoid of merits are liable to be and accordingly are dismissed. In view of the dismissal of the writ petition, all the pending applications fell into insignificance and are accordingly disposed off," the bench said in its order. Minister Nagesh welcomed the order. He tweeted, "I welcome (the) Landmark judgement of Hon'ble Karnataka High Court on School/College uniform Rules. It reiterated that the law of the land is above everything."