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Karnataka Hijab Row: Amidst the ongoing controversy over wearing hijab, the Karnataka High Court has given a big decision today. The Karnataka High Court has said that hijab is not a mandatory part of Islam and school students cannot refuse to wear uniform. Along with this, the High Court also dismissed the petition on behalf of Muslim girl students seeking permission to wear hijab in colleges. On this decision of the High Court, now a big statement of All India Majlis-e-Ittehadul Muslimeen (AIMIM) Chief Asaduddin Owaisi has come to the fore. Owaisi has said that I disagree with this decision of the High Court. I hope the petitioners will now approach the Supreme Court.
Owaisi tweeted one after the other and said, “I disagree with the decision of the Karnataka High Court on Hijab. It is my right to disagree with the verdict and I hope the petitioners will appeal before the Supreme Court.” He further said, “This order has suspended the fundamental rights of freedom of religion, culture, speech and expression. Whereas in the Preamble of the Constitution it has been said that the individual has the freedom of thought, expression, belief, faith and worship.
4. It’s time to review the essential religious practice test. For a devout person, everything is essential & for an atheist nothing is essential. For a devout Hindu Brahmin, janeu is essential but for a non-Brahmin it may not be. It is absurd that judges can decide essentiality
— Asaduddin Owaisi (@asadowaisi) March 15, 2022
Hijab does not harm anyone – Owaisi
Owaisi further said, “If it is my belief that it is necessary to cover my head, then I have the right to express it. Hijab is also a prayer for a devout Muslim. A janeu is necessary for a Hindu Brahmin, but it cannot be for a non-Brahmin. It is absurd that judges can decide the imperative.” He said, “The state should be allowed to interfere with religious rights only if such acts of worship cause harm to others. The headscarf (hijab) doesn’t harm anyone.”
Owaisi said, “The ban on headscarf definitely prevents devout Muslim women from getting education. It means that a religion has been targeted and its religious practice has been banned. Article 15 prohibits discrimination on the basis of religion. Isn’t that a violation? In short, the High Court order has forced the children to choose between education and the orders of Allah. I hope this decision will not be used to legitimize harassment of women wearing hijab.
What did the High Court say?
The three-judge bench said that the school uniform rule is a reasonable restriction and is constitutionally permissible, on which the girl students cannot raise any objection. A bench of Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khaji said, “We are of the opinion that wearing of hijab by Muslim women is not a part of the essential religious practice in the religion of Islam”.
The bench also said that the government has the right to issue the government order dated February 5, 2022 and there is no case to hold it invalid. In this order, the state government had banned the wearing of those clothes, which disrupt equality, integrity and public order in schools and colleges. The court also dismissed a petition seeking initiation of a disciplinary inquiry against the college, its principal and a teacher.
Also read-
Karnataka Hijab Row: Mehbooba and Omar Abdullah expressed their displeasure over the HC’s decision, said – a mockery of women’s rights
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