Schools open, no religious symbols allowed for now, says K’taka HC : The Tribune India


Bangalore, February 10

The Karnataka High Court, which heard the hijab dispute, ordered on Thursday that no religious symbols be allowed for students until its final order, ruling out the use of hijab and saffron shawls in schools. school and college premises.

The interim order was issued by a three-judge bench consisting of Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice Khaji Jaibunnesa Mohiyuddin.

“We want to make an interim order on the hijab issue. We will hear the case every day,” the chief justice said.

Peace must return to the state and schools and colleges must reopen soon, the bench said, adjourning the matter to Monday.

Earlier, while hearing arguments, the Chief Justice asked Attorney General Prabhuling Navadagi to open schools in the state.

“Closing schools is not a good development. Take necessary measures and organize classes. Make sure that no problems arise,” he said.

Amid tensions, the state government on Tuesday announced a three-day furlough for schools and colleges.

During the hearing, lead solicitor Sanjay Hegde, representing a petitioner, argued that the Karnataka government has no right to make rules on uniform as per the Uniforms Act 1983. education of Karnataka.

Uniform rules could be overseen by the College Development Committee (CDC) and the School Development and Management Committee (SDMC), he argued.

“How sensible it is to impose bans on the grounds of hijab…if bans are imposed in the public interest, it is tenable. The medical student was allowed to take exams wearing the hijab in 2015 in accordance with court orders falls under Article 19 (1) of the Constitution. The Supreme Court decision in the Divya Yadav case discussed the right to wear dresses of their choice,” he said. .

According to Article 25(1), wearing the hijab is a religious right. Sikhs are allowed to carry a dagger and are exempt from wearing a helmet, he added.

“Students cannot be forced to sit on the roads. The state of Karnataka pays the highest taxes to the central government. Most startups come here and these developments will bring the state into disrepute. Discrimination should not be based on dress, color and religion,” the attorney argued.

Petitioners in favor of the hijab said there was nothing wrong with students wearing it. The hijab is a basic right and it is not a problem for others, and therefore, they should be allowed to wear the hijab in the same color as their uniform, they said, arguing that the government issued a circular on the uniform “in a hurry”.

The petitioners further stated that the bench should make an interim order on the matter in the interest of the students as the students are out of schools. They also argued that according to the Education Act of Karnataka, uniform is not compulsory for students and they are not liable to a fine of Rs 25 for violating the uniform rules.

While Chief Justice Awasthi intervened here, asking if the petitioner is saying that uniform is not required, the petitioner argued that according to law it is not mandatory. It is acceptable for primary school students, but uniforms for students are objected to, he said.

Navadagi, however, opposed issuing an interim order on the matter and said there were various developments surrounding the matter.

Earlier, the Single Bench led by Judge Dixit, which heard the case, which snowballed into a major crisis in the state and discussed internationally, decided that the case would be heard by the bench. wider. He ordered the Registrar of the High Court to immediately submit the documents and motions to the Chief Justice as the case is of the utmost importance and needs to be heard urgently.

The hijab row began last month with a few Udupi Government Pre-University College students wearing hijab being denied permission to attend classes. College authorities claim that students who came without a hijab suddenly started coming in hijab. The female students then protested by refusing to attend classes without a hijab. The issue became a controversy and spread to other districts, leading to tension and even violence. IANS

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