A question of choice or politics?

Hijab innocent practice of faith, petitioners tell HC; must allow hijab in class

MP college bans headscarves; our patience is not weakness, Union Minister

Agency Report | Bengaluru/Hubballi (Karnataka)/Bhopal | 15 February, 2022 | 11:00 PM

The Karnataka high court told that wearing the headscarf is an innocent practice of faith and not a mere display of religious jingoism, with the lawyer for the petitioners comparing it with Hindu students who wear a rudraksha or namam (vermillion). The petitioners – six girls from a pre-university college in Udupi who were barred from entering the college because they wore the hijab – also requested the full bench of the HC to make a leeway to attend classes with headscarves as the court’s interim order had suspended their fundamental rights. Karnataka High Court was urged to direct the government to allow students wearing the hijab in classes as more students remained out in schools across the state, refusing to shun the head covering. Meanwhile, a college in Madhya Pradesh witnessed a row over wearing hijab in the college premises, following which its administration issued a notice instructing students to follow proper dress code on the campus.

Teachers have also turned out students who came to attend classes with skull caps. Many students chose to be absent as hijab-wearing students were not allowed into schools.

A bench of Chief Justice Ritu Raj Awasthi, and Justices Krishna S. Dixit and Khaji Jaibunnesa Mohiyuddin adjourned the hearing of petitions to Wednesday after hearing arguments and counter arguments for 2 hours and 15 minutes.

Senior advocates Devdatt Kamat, Mohammad Tahir, and Ravi Varma Kumar presented their arguments in favor of girls demanding to wear hijab, while Advocate General Prabhuling Navadagi represented the government.

The petitioners submitted that since the colleges are being started from Wednesday, the bench must pass an order allowing Muslim students to wear hijab while attending classes. They also quoted a judgment of the South African court, where a Tamil girl was not allowed to attend classes for wearing a nose ring. When it was questioned in the court, the student was allowed to attend classes, counsel submitted.

The petitioners also submitted that the Karnataka government is yet to make guidelines on uniform, and without this, it is improper to make the uniform compulsory for students.

When one of the petitioners submitted that students with hijab are not allowed in Urdu schools in the state, the Advocate General objected to lacing arguments without submitting an application before the court.

The bench asked counsel to submit an application in this regard.

The petitioners also argued that the government does not have supreme power of prohibition in the name of public order.

Meanwhile, 25 girl students of the Government School in Indavara of Chikkamaglur district boycotted exams as they were asked to take off their hijab. More than 20 students went back home without attending school for the same reason in Nelya village of Madikeri district.

The school authorities of Sasvehalli near Honnali in Davanagere district had a difficult time as more than 20 boys came in skull caps to attend classes. The teachers sent them back. They sat in front of the school along with girl students wearing hijab and demanded that they should be allowed inside classes with hijab and skull caps.

Majority of students at Urdu Girls School in Kalaburagi chose to remain absent from classes as the hijab was not allowed. Similar incidents have been reported from Gadag, Hassan, Yadgir, and Shivamogga districts.

Congress Deputy Leader in the Assembly U.T. Khader asked the state government to resolve the hijab issue as confusion continued in the state even after the intervention of the High Court and interim order on the matter was given.

“There is confusion regarding interim order. The primary and high school students think that the order is only for colleges. This will lead to ruining the education prospectus of students already hit by Covid crisis,” he said.

Law and Parliamentary Affairs Minister J.C. Madhuswamy, meanwhile, said that the government would follow the high court orders in this regard.

This was the third day of hearing by the three-judge bench. Earlier, it was vehemently argued that the government can’t deny fundamental rights of students in the pretext of managing law and order situations. Counsel for the petitioners also objected to the powers given to the College Development Committee to decide on uniforms.

The bench had also refused to restrain media from reporting the proceedings as one of the counsel demanded that it will have effect on the elections of other states.

The court had earlier given an interim order that no religious symbols are allowed for the students in schools and colleges until its final order, thus ruling out both hijab and saffron shawls in the school and college premises.

It did not accede to the vehement arguments of petitioners seeking orders to the government for allowing students to wear hijab of the colour of their uniform to classrooms.

The state government had resumed schools till Class 10 and Pre-University College (Classes 11 and 12) are opening from Wednesday.

The hijab row which started last month in Udupi Pre-University College by six girl students, has snowballed into a major crisis in the state and has been discussed at international levels too.

Meanwhile, a fresh controversy over wearing headscarves erupted at a government college in Datia district of Madhya Pradesh.

The row was triggered after a student wearing burqa-hijab was seen in the college following which students associated with the Akhil Bharatiya Vidyarthi Parishad (ABVP), the students’ wing of the RSS, staged a protest raising ‘Jai Shree Ram’ sloguns.

If that was not enough, the members of Durga Vahini, the women’s wing of Vishva Hindu Parishad (VHP), staged a protest against the institute for allowing Muslim students to wear headscarves on campus.

Subsequently, D.R. Rahul, principal of the Government Autonomous College, Datia, put out a notice banning headscarves on campus.

“All the admitted students/girls in the college are informed that they will not be allowed to enter the college in clothes belonging to any particular community or other special dress like hijab etc. All the students should enter this temple of education in a decent dress,” said Rahul in the order.

The row surrounding Hijab is being witnessed in many colleges in Madhya Pradesh, despite the state government maintaining that there is no proposal to ban hijab in the state.

On Tuesday, Madhya Pradesh Home Minister Narottam Mishra, who belongs to Datia district, told the media that he has directed the district collector to investigate the matter.

“The Madhya Pradesh government has already stated that there is no proposal to ban burqa-hijab in the state. I have directed the Datia district collector to investigate the matter as to why the college administration ordered a ban on hijab. I request you not to create any confusion about it,” Mishra said on Tuesday.

Union Minister for Parliamentary Affairs and Mining Pralhad Joshi, commenting on the hijab row in Karnataka, said that the state government has exercised much restraint on this (hijab row) issue and this should not be mistaken as weakness.

“Court decision should be followed at any cost. You don’t follow the interim order of the court. What is this arrogance? The government headed by Basavaraj Bommai is handling the issue with restraint. The government is considering it as a sensitive matter and exercising restraint. It should not be mistaken as weakness,” Union Minister Joshi said.

“Are you trying to be extra constitutional? Which time we are living in? You want to cover the face of girls? This has to be considered seriously. Progressive Muslims should think. This is unnecessary, you are being made a scapegoat,” he stated.

He further said, “I appeal to the parents of Muslim children that you have all the freedom, no one is opposing your religious practices. But, still communal feelings are provoked. BJP will not approve such appeasement.”

“If anyone creates trouble in schools regarding hijab, police will take strict action and put them behind bars. Initiate legal action, we can’t be helpless,” he said.

“Muslim women for generations have been kept in darkness. We (BJP) have broken their shackles. I want to ask the Congress leaders to make their stand clear on the hijab issue. If you want to give out a call for Muslim students to wear hijab, go ahead and do it. Otherwise, all parties should tell students to attend classes as per the interim court order. Karnataka is known for communal harmony, good culture. This is not required,” he added.

Though majority of students are attending classes, good number of Muslim students have refused to shun hijab and are not taking preparatory exams for class 10. (IANS)