Hijab Row: Karnataka HC refers issue to larger bench, grants no interim relief to petitioners

Justice Krishna S Dixit, who heard the petitioners and the government on Tuesday, said the matter involved certain constitutional questions of seminal importance, and hence merited hearing by a larger bench. “I feel this matter requires consideration of larger bench. The wisdom emanating from neighbouring high court judgements needs to be treated,” the judge said.

Justice Dixit asked the court registry to place the case file before the high court chief justice for immediate consideration in view of the urgency pleaded by the petitioners.

Sections of Muslim girls have moved the court praying that the notification on student uniform at schools and colleges be set aside, and in the interim, the court, by way of an order, allow them to attend classes as annual exams are just about two months away.

Senior advocate Sanjay Hegde, appearing for a petitioner, urged the court to grant the students an interim relief while the matter is referred to a larger bench. Advocate general Prabhulinga Navadgi opposed an interim relief, arguing that education institutions enjoyed autonomy in deciding uniforms, and hence the petitions were misconceived.

Justice Dixit declined to grant an interim order saying even such an order merited consideration by a larger bench.

In Bengaluru, education minister BC Nagesh said students will have to continue to comply with the prevailing regulations on uniform as they very much remain in force as there has not been a court stay. The government will now have to come up with a strategy on dealing with the possibility of fresh trouble once pre-university colleges open on Monday after a three-day holiday.

The questions before the court are whether wearing of hijab is part of an essential religious practice of Islam and whether state is within its powers to prescribe a dress code for students with restrictions. Also, whether wearing a hijab falls within the ambit of Article 19(1) of the Constitution as a freedom of speech and expression, and whether restrictions can be placed only under Article 19(2) of the Constitution. The Article 19(2) empowers the state to impose reasonable restrictions in the interests of sovereignty and integrity of the country.

Political Slugfest:

A political war of words broke out between the Congress and BJP with each accusing the other of fomenting trouble. The Congress alleged a BJP minister was involved in importing loads of saffron scarves into Karnataka from Surat for distributing among students opposing hijab. The BJP hit back asking if the Congress office instigated girls by supplying them with hijabs.

Meanwhile, AICC general secretary Priyanka Gandhi Vadra tweeted: “Whether it is a bikini, a ghoonghat, a pair of jeans or a hijab, it is a woman’s right to decide what she wants to wear. This right is guaranteed by the Indian Constitution. Stop harassing women.”