Karnataka Government tells HC: Preventing Use of Hijab does not violate Article 25 of Constitution

Hijab row Law Insider

Mitali Palnitkar

Published On: February 19, 2022 at 15:57 IST

On February 18, the Karnataka Government contended that the Hijab is not an essential religious practice of Islam. Also, preventing the use of Hijab was not violative of Article 25 of the Constitution, which guarantees religious freedom.

The Bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi was hearing a batch of Petitions against the Hijab Ban.

Advocate General Prabhuling Navadgi appearing for the State submitted that the Order was in consonance with the Education Act. Also, the State government took a stand that wearing Hijab is not an essential religious practice of Islam. It was also submitted that the right to wear Hijab could not be traced to Article 19(1)(a) of the Constitution.

He further rejected the Charge of a few Muslim girls who challenged the Karnataka Government Order dated February 5 that had barred students from wearing Hijab or saffron scarves stating that it violated Article 25 of the Constitution.

He also contended that the Order dated February 5 was in accordance with law and there was no reason to raise an objection. The Order which specified norms for uniforms in schools and colleges is “innocuous in nature” and was not intended to ban the use of Hijab or headscarves by Muslim girls.

The High Court in its Interim Order last week restrained the students from wearing religious clothes such as saffron shawls, scarves, Hijab in the classrooms until the matter was pending for Hearing before the Court.

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