The Karnataka High Court will continue to hear tomorrow the petitions challenging the decision of some state colleges banning entry of girl students wearing Hijab in college premises. The incident has sparked a major controversy in the state, forcing the BJP government to announce closure of schools and colleges in the state for the next three days. As protests broke out in different districts of the state, Chief Minister Basavaraj Bommai ordered educational institutions to be shut and asked students to maintain peace.
During the hearing today, the Advocate General representing the state and petitioners’ lawyer Devdutt Kamat submitted their respective arguments in the case. While adjourning the case for today, the High Court appealed to the students and the public to maintain peace. The court had earlier said that it will go by reason, by law, and not by passion or emotions.
“We will go by what the Constitution says. The Constitution is the Bhagavad Gita for me,” the High Court observed.
Earlier, representing the state, Advocate General told the Karnataka High Court that autonomy has been given to colleges to decide uniforms and those students who want relaxation shall approach the College Development Committee. Representing the petitioners, senior advocate Devdutt Kamat said that wearing the headscarf (not burqa) is an essential part of Muslim culture. “It is an essential religious practice as prescribed by the holy Quran,” he said.
Kamat further submitted that wearing of hijab is protected by the right to expression under Article 19(1)(a) and can be restricted only on grounds under Article 19(6). He also contended that wearing a hijab is a facet of the right to privacy recognised as part of Article 21 by the Puttaswamy judgment of the Supreme Court. The advocate also read out to the court the Quranic verse 24.31 on dress code which mandates that Muslim women should not reveal their neckline to anyone other than husbands.
Kamat questioned the decision saying if it is a public order issue, how is it that when Muslim women wear hijab outside, it is not a public order issue but becomes one when they enter college. To this, Justice Dixit noted, “If I carry a baby of a swine and go to Connaught Place, nobody will create an issue except saying this man has gone crazy. But if I go like that to a mosque or a temple or a church, it might create an issue.”
During the hearing, the AG also asked the court to pass an interim order that there should be no protests, bandhs etc till the matter is subjudice. To this, Justice Dixit remarked that people should have faith in the Constitution and only a mischievous section will keep the issue burning.