New Delhi: A three-judge bench led by the Chief Justice of the Karnataka High Court indicated Thursday that it will direct the reopening of colleges in the state, but would not allow any student to wear religious garments, including the petitioners who have questioned the ban on wearing of the hijab or headscarf by girl students, till a finding is pronounced on their challenge.
“We will pass an order that let the institutions start, but till the matter is pending, these students and stakeholders will not insist on wearing any religious garment or head dress. We will restrain everyone. We want peace and tranquility in the state,” the bench, comprising Chief Justice Ritu Raj Awasthi and justices Krishna S. Dixit and J.M. Khazi, remarked verbally.
“Till the disposal of the matter, you people should not insist on wearing all these religious things. We will restrain everyone from adopting these practices,” it added.
The bench commenced hearing on the petitions a day after a single-judge bench of Justice Dixit observed that the petitions gave rise to important constitutional questions and should, therefore, be referred to a larger bench.
The petitioners have also argued against the 5 February Karnataka government directive — which says students must follow the rules on uniform set by colleges — on the ground that wearing the hijab is an essential Islamic religious practice.
The petitioners objected to the court’s intention to pass the interim restraint order. Senior advocate Devadutt Kamat, appearing for one of the petitioners, said, “This kind of an order at this stage cannot be passed. I respectfully submit this (order) would amount to suspension of Article 25 (right to practise and profess one’s faith and religion) as far as the students are concerned.”
However, the court seemed firm on the matter. “We are now seized of the matter and will continue the hearing on a day-to-day basis. We are ready to decide the issue at the earliest, but before that, peace should be restored in the state,” the bench told the lawyers, saying it will hear the matter again Monday, 14 February.
Also read: ‘Constitutional questions’: Karnataka HC refers hijab plea to larger bench, no interim order
‘Faith can’t be suspended for a few days’
The court said if the petitioners wanted it to decide the issues, they will have to cooperate with the bench. To this Kamat responded: “I am being asked to choose between food and water. Both are essential for me. Please do not mistake, but we are being asked to choose between education and our conscience.”
When the bench said it was a “matter of a few days”, senior advocate Sanjay Hegde, appearing for another petitioner, argued, “I am required to wear a dupatta (according to my faith), how will I wear it? Also, for a few days I cannot suspend my faith.”
Kamat added, “If you direct that, it would be a total affront to their (students’) rights.”
The bench, however, was resolute in its stand and adjourned the hearing to Monday after hearing the matter for close to two hours.
Earlier, opening the arguments in the case, Hegde said the petitioners were facing discrimination since September 2021, were made to stand outside their classes and marked absent.
Arguing on both constitutional as well as statutory questions, he said the Karnataka Education Act did not provide for any specific provision on regulating uniforms in colleges. Hence, the colleges’ order restraining the hijab is not legal and to keep the children away from classes for wearing it is a disproportionate penalty.
Kamat focussed on the state government order that justified colleges’ decision to ban the hijab. He said the basis for such an order were three HC judgements that held that the hijab is not part of Article 25 and explained each verdict to establish they were against the stand of the state.
Karnataka Advocate General Prabhuling Navadgi made short submissions before the court, putting forth the state’s version. He said students should as of now adhere to the dress code prescribed by the college concerned.
“We want all students to come to college so that education commences,” he said.
(Edited by Saikat Niyogi)
Also read: A timeline of how hijab row took centre stage in Karnataka politics and reached HC