Karnataka HC dismisses pleas, says wearing hijab not essential to Islam

Hijab row verdict: Hijab is not essential religious practice of Islamic faith and putting reasonable restrictions on uniform are justified says Karnataka high court.

The Karnataka High Court dismissed on Tuesday petitions seeking permission to wear hijab in a Karnataka colleges, multiple news reports said.

The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, said a three-judge bench, according to PTI.

"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," said Chief Justice Ritu Raj Awasthi, who headed the full bench of the High Court.

"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 of," the bench said in its order.

The petitioners, including a dozen Muslim students, had appealed that wearing the hijab was a fundamental right guaranteed under Constitution and essential practice of Islam. After eleven days of the hearing, the High Court had reserved its judgment on February 25.

The court also rejected the plea to initiate a disciplinary inquiry against the Government Pre-University Girls College in Udupi, its principal and a teacher—against who Muslim students had filed the petition.

The court, in an interim order on February 10, banned all students regardless of their religion or faith from wearing saffron shawls, scarf, hijab, religious flags or the likes within the classroom until further orders. This applied to institutions where college committees have prescribed a dress code/uniform for students, ANI reported.

The Karnataka government, anticipating protests against the verdict, had closed schools and colleges in Udupi and Dakshina Kannada districts on Tuesday. Prohibitory orders have been clamped in Belagavi district, Mysuru city (March 15 to 20) and Bengaluru city (March 15 to 21) beginning 6am Tuesday.

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