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Hijab ban to continue in Karnataka’s schools and colleges as Karnataka High Court dismisses the petitions challenging the ban

Mar 15, 2022, 11:34 IST
Business Insider India
Hijab rowBCCL
  • The Karnataka High Court said on Tuesday that it upheld the government’s decision on the ban on wearing hijab in educational institutions.
  • The court further said that Hijab is not a part of the essential religious practices of Islam.
  • No case is made out for invalidating the government order of February 5, said the Karnataka High Court.
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The Karnataka High Court, on Tuesday, said that it supports the government’s order that effectively bans the wearing of hijab by Muslim girls in educational institutions in the state and dismissed all the petitions challenging the ban on wearing hijab in schools and colleges.

The court further said that Hijab is not a part of the essential religious practices of Islam and the requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a).

“No case is made out for invalidating the government order of February 5,” said Karnataka High Court.

The verdict came after 11 days of the hearing, which started on February 25 by a three-judge bench — Chief Justice Ritu Raj Awasthi, and Justices Krishna S Dixit and J M Khazi.

On the first day of hearing on the hijab row case, the High Court had passed an interim order which directed the students not to wear hijab, saffron shawls (bhagwa).

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Muslim girl students from various colleges had approached the High Court after they were stopped to attend the classes due to wearing a hijab. The Muslim girls filed several petitions in the High Court challenging the ban on wearing a hijab on the grounds of freedom of conscience and the right to religion.

The petitioners had also filed an appeal before the Supreme Court against the interim order passed by the Karnataka High Court, however, the court has not done any hearing on this case.

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