Justice Krishna S Dixit of Karnataka High Court referred the Hijab Ban matter to a larger bench on Wednesday by Justice Krishna S Dixit. A Muslim girl filed a batch of petitions claiming that students from the state are not being allowed to enter colleges due to a government order effectively prohibiting the wearing of the hijab (headscarves).
Senior Advocate Sanjay Hegde urged the Court on behalf of one of the petitioners to grant interim relief to students while the case is referred to a larger bench.
Senior Advocate Sajan Poovayya urged the court to decide Audi alteram partem.
At yesterday’s hearing, Senior Advocate Devadatt Kamat represented one of the petitioners.
The wearing of a hijab (rather than a burqa or veil) is a crucial part of the Islamic religion.
The wearing of a hijab is protected by the right to expression under Article 19(1)(a) and can only be restricted based on Article 19(6).
The wearing of a hijab is an aspect of the right to privacy under Article 21 by the Puttaswamy decision of the Supreme Court.
Government orders are not covered by the Karnataka Education Rules, and the state has no authority to make decisions in this regard.
The Court eventually appealed to all students, teachers, and management of the school, as well as the general public of Karnataka, to maintain peace and harmony.