The Karnataka High Court on Tuesday upheld the government’s decision to ban hijab in educational institutes in the Indian state. The court ruled that the hijab is not an essential part of Islam.
The hearing was headed by three judges who agreed that the “prescription of uniform is a reasonable restriction on fundamental rights.”
The state government during the hearing told the court that a ban on hijab does not violate fundamental rights to practice and profess a religion under Article 25 of the Constitution.
The court also added that religious symbols should not be involved in the uniforms of educational institutes.
A group of Muslim female students from Udupi government college had filed a petition to allow them to wear hijab which, according to them, is a fundamental right to practice religion. However, the Karnataka High court rejected their plea and ruled in favour of banning the hijab by the state government.
Anas Tanwir, a lawyer who is now representing the girls is planning to appeal to the Supreme Court. He termed the Karnataka court’s ruling “disappointing” and “erroneous”.
“I believe it is a wrong interpretation of the law,” he said while talking to Al Jazeera.
“As far as an essential religious practice is concerned, [that] should not have been the question. The question should have been whether the [authorities] had the power to pass such orders.”
The tension arose in January when a section of the Hindu right-wing group appeared wearing saffron scarves and threatened female Muslim class fellows not to wear the hijab during classes, which made state government college in Chikkamagaluru district, Karnataka, ban the hijab and saffron scarves over fears of rising tension.
