On Monday, the Karnataka High Court refused to permit the Muslim students of Bhandarkar College of Arts and Science, Udupi to wear hijab on the college premises. The plea was filed by two hijab-wearing girl students who sought orders be given to the college in Udupi to allow wearing the religious attire while attending classes.
The two girls in the plea claimed that they have been wearing hijab with school uniforms since the first day of college admission and that there is a specific rule that permits Muslim students to wear hijab. They accused the college of initiating the hijab row in the first place by not allowing them to enter the college wearing hijab posing the government orders.
BREAKING: Karnataka High Court refuses to grant students of Bhandarkar College of Arts and Science, Udupi permission to wear headscarves while the hearing on questions of law are being debated and the hearing is in process. #HijabControversy #KarnatakaHC pic.twitter.com/E2SQLIegjj
— LawBeat (@LawBeatInd) February 22, 2022
According to the reports, the plea filed by two BBA students further referred to the Karnataka State University Act and said that there was no rule under the UGC act or the Karnataka State University Act which advised uniform to the college students except a requirement for ‘decent attire’. They also stated that the hijab concept was unnecessarily being given a political angle.
It is pertinent to note that the High Court on February 10 had declared that no one should be allowed to wear their religious attire inside the educational institutions until the matter is pending in the Court. A single-judge bench of Justice Krishan S Dixit today reiterated the stand and observed that the hearing was progressing before the full bench and that no other relief could be granted.
Reports mention that the Court had already de-linked the present petition while it was hearing a batch of petitions seeking to declare wearing of hijab as an Essential Religious Practice, to the larger bench on February 8.
The hijab controversy in Karnataka has gained momentum since the first week of January after eight Muslim girls were denied entry to classes in a Udupi college because they were wearing hijab. The college authorities had informed that the hijab was not a part of the uniform dress code mandated for the students. The Muslim girls, adamant on wearing hijab, then filed a petition in High Court seeking permission to attend classes with hijab. They stated that wearing the hijab was their ‘fundamental right’ granted under Articles 14 and 25 of the Indian Constitution and ‘integral practice of Islam’.
The controversy spiralled as Hindu students in Karnataka styled with saffron scarves around their necks, protested against Muslim girls continuing to wear Hijab to the college. Tensions also prevailed at some educational institutions in Udupi, Shivamogga, Bagalkote and other parts as incidents of stone-pelting and violence were reported from various parts of the state.