Karnataka High Court: Plea filed by student seeking to wear Hijab in College

Karnataka School Girls Hijab Headscarf Law Insider

Nishka Srinivas Veluvali

Published On: February 01, 2022 at 19:06 IST

The student from the Government run Pre-University College for Girls, Udupi approached the Karnataka High Court seeking the permission to wear Hijab or Head Scarf inside the classroom.

The Writ Petition was filed on behalf of student Resham Farooq and is being represented by Advocates Shtahabish Shivanna, Arnav A Bagalwadi and Abhishek Janardhan

The Petitioner stated that the college at Udupi denied her entry because they were wearing Hijab which  is an integral part of the religion they practice and profess, because it Violates the uniform rules of the College.

The Petition stated that it is the Fundamental Right of the students to wear a Hijab, guaranteed under Article 14 and the Article 25 of the Indian Constitution.

The Petition further contended that, “The manner in which the Respondent college has ousted the Petitioner not only creates a stigma amongst her batchmates but among the children of the entire college which in turn will affect the mental health as well as future prospects of the Petitioner. The college has curtailed the Right to Education of the Petitioner on the sole ground of Religion is smacked with Mala Fides, Discriminatory and politically motivated. By doing so the State Government has failed in its duty to realise the Right to Human Development by denying the Petitioner her education”.

The Udupi MLA and the College Development Committee President K Raghupati Bhat who had visited the protesting students in the college and had specifically stated that the students with Hijab or Headscarf will not be allowed to enter the college premises as per the decision of the Education Department.

However, the Karnataka Government has initiated an Expert Committee Inquiry to resolve this issue but up till then the girls were asked to adhere to uniform rules of the College.

The Karnataka High Court is likely to consider the Petition at the end of this week.

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