Monday, March 14, 2022

'Hijab Not Essential Religious Practice In Islam': Karnataka High Court

 Dismisses Muslim Girls' Petitions Against Hijab Ban In Colleges

Wearing of hijab is not a part of Essential Religious Practice in Islamic faith and thus, is not protected under Article 25 of the Constitution, the Karnataka High Court has held today.

A Full Bench of the High Court further held that prescription of school uniform by the State is a reasonable restriction the students' rights under Article 25 and thus, the Government Order issued by the Karnataka government dated February 5 is not violative of their rights.

Accordingly, the Court has dismissed the petitions filed by Muslim girl students, challenging the action of a government PU colleges in denying their entry for wearing a hijab (headscarf).

The Court said that it has framed the following questions :

1. Whether wearing hijab is ERP in islamic faith protected under Article 25

2. Whether prescription of school uniform is violative of rights.

3. Whether GO of Feb 5 apart from being incompetent and manifestly arbitrary violates Articles 14 and 15

4. Whether any case is made out for issuance of disciplinary inquiry against college authorities.

Chief Justice Ritu Raj Awasthi, who read out the operative portion of the judgment in the open court, said as follows :

"Our answers to the questions are, wearing of Hijab by Muslim women does not form Essential Religious Practice in Islamic faith.

Our second answer is prescription of school uniform is only a reasonable restriction, constitutionally permissible which students cannot object to.

In view of the above, the government has power to issue the GO of February 5 and no case is made out for its invalidation.

No case is made out for the issuance of disciplinary proceedings against respondents and writ of quo warranto is not maintainable.

All writ petitions being devoid of merits are dismissed".

No comments:

Post a Comment