HIJAB BAN : RIGHT OR WRONG ?

Most developed countries have banned Hijab in public places, calling it the promotion of radicalism. Therefore, the ‘liberals’ who take pride in mocking every Hindu tradition and festival coming out in support of hijab is the most dangerous trend.

Most of the prominent, celebrity Muslim women who decided to get rid of this regressive custom are now supporting identity above education, knowing very well that this is not about choices for women about their appearance in public places. Every education institution has a dress code for inculcating a sense of equality and discipline among students.

The Hijab controversy in the Indian state of Karnataka, erupted after few Muslim girl students of government PU college were denied entry for wearing Hijab. The Muslim girl students argued that Hijab ia a part of their religious and cultural practice.

Petition was filed by Muslim girl students, challenging the actions of government school administration. Hearing before the full bench comprising Chief Justice Ritu Raj Avasthi, Justice Krishna S Dixit and Justice JM Khai was conducted for 11 days and judgment was reserved on February 25.

Senior Advocate Devdutt Kamat, Sanjay Hegde, Professor Ravivarma Kumar, Yusuf Muchhala and AM Dar argued for the petitioner. Advocate General Prabhuling Navadgi appeared for the State of Karnataka.

Court had to decide whether wearing Hijab is a part of essential religious practice of Islam or not and whether state interference is warranted. Court also had to decide whether wearing of Hijab par takes the character of Right to Expression under Article 19 (1). Violation of Article 25 was also meant for consideration.

The petitioners argued that if Turban wearing people can be in army, why not Hijab wearing girls in classes.

Now lets find out what the Advocate General Navadgi argued representing the Karnataka government—

• Wearing of Hijab does not fall within essential religious practice of Islam.

• Right to wear Hijab cannot be traced to freedom of expression under Article 19 (1).

• State government order dated feb 5 empowering College Development Committees (CDCs) to prescribe uniform is in consonance with Education Act.

It was further stated that wearing Hijab does not stand the test of constitutional morality and individual dignity.

Chief Justice Ritu Raj Awasthi in the operative portion of the judgment said —

“Wearing of Hijab is not essential religious practice. Prescription of school uniform is only a reasonable restriction, constitutionally permissable and students cannot object to. In this view, no case is made out for invalidation of government order."

In his final words he said “All writ petitions being devoid of merits are dismissed".