Hijab controversy started at Government Girls PU College in Udupi district of Karnataka. Six students alleged that they had been barred from classes for wearing the headscarf and many Muslim girls took up the practice in protest. The contestation over headscarves has intensified, with students defying the govt. order to use the uniform to keep up "unity and equality". All faculties and schools in the province are shut for the following 3 days amid the row over carrying hijab by students.
Chief Minister Basavaraj S Bommai tweeted he has ordered all high schools and colleges to remain shut "to maintain peace and harmony" stating state security breaches because the matter is of communal intent. Echoes of the contestation area unit are being detected in different districts of Karnataka too, whilst a political scrap has developed on the communally sensitive issue. Several political leaders as well as Mehbooba Mufti and Rahul Gandhi have voiced their condemnation on Twitter. “Whether women should wear hijab or not, it is a woman’s right to decide what she wants to wear. This right is GUARANTEED by the Indian constitution. Stop harassing women,” tweeted Ms.Priyanka Gandhi. Justice Krishna Dixit has taken note of the urgency of the matter in the writ petition and requested the chief justice to refer this matter to a larger bench as it involves constitutional interpretation of freedom of religion. As such, a threejudge bench, headed by the Chief Justice of Karnataka, will tomorrow hear the case to decide if schools and colleges can order students to not wear the hijab in classrooms. The question before the Court, in this case, is whether the wearing of hijab is part of the essential religious practice of Islam and whether State interferences are unwarranted and violate the fundamental right to profess religion under article -25 Urging Indian leaders to “stop the marginalization” of Muslim women, said Malala Yousafzai on Tuesday expressing concern over women's rights and freedom. In India, the stand-off has agitated anger among minority Muslims, who say the country's constitution grants them the freedom to wear what they want. It is not unusual to see women wearing hijabs and burkas - the full Islamic veil - in India, where public displays of symbols of faith are common. But the college principal said it was necessary for the teacher to see the student's face and the uniform helped them ensure there was no discrimination among students. Groups of Hindu students - both male and female - also began going on marches against their classmates wearing hijabs with saffron headcovers.
ARGUMENTS PUT FORWARD – BY PETITIONERS AGAINST HIJAB BAN
Senior Advocate Devadatta Kamat, showing for the petitioners, has argued that the petitioners aren't talking regarding sporting burka or veil, however solely a headscarf, referred as Hijab whereas competitor that sporting of hijab is associate ‘essential practice’ prescribed within the Holy Koran. Hence, the government has no restrictive power as sporting of hijab is protected beneath article 25. He also contended that the right over dress is a facet of the fundamental right to speech and expression under Article 19(1) and govt. putting restrictions on wearing hijab in the context of public order is unjustified. Mr.Kamat also argued that section7&13 of the Kerala education board, under which the government order of 5th Feb was issued is not valid as the order didn't contain any rules regarding dress code.
ARGUMENTS PUT FORWARD – BY COLLEGES FOR HIJAB BAN
Educational institutions are not the place to practice one’s religion. The girls must focus on education and come to college to study not to assert identity. It is said to be necessary for the teacher to see the student's face during the examination so that there is no impersonation of a student. Uniformity is to be ensured rather than openly displaying religious symbols. Advocate General PK Navadgi, opposed the grant of interim, stating that petitions are not maintainable. He contended that every institution is given autonomy for enforcing uniform codes. Hijab doesn’t constitute an integral part of Islam. He also opposed interim relief for permitting girls to appear for exams wearing Hijab. The feeling of oneness, fraternity, and brotherhood shall be promoted within an institution. In educational institutions, students should not be allowed, students should not be allowed to wear identifiable religious symbols or dress codes catering to their religious beliefs as this will give them a distinctive character. The high court has asked students and the public at large to maintain peace. "This court has full faith in the wisdom and virtue of public at large and it hopes that the same would be put to practice," Justice Dixit Krishna Shripad said
. My opinion
I have tried to conceptualize the problem and have put my stakes and observances in this case. For a piece of cloth fundamental right to get an education shall not be denied. How can a girl wearing Hijab at an educational institute become a public order issue? Though I agree students wearing hijab will get a distinctive identity that is totally opposite to uniformity. But it doesn’t give the state to violate the fundamental rights of Muslims to profess practice and propagate their religion. The high court is called upon to protect the essential religious practice.
Well written