Karnataka High Court bars students from wearing saffron shawls, hijabs in classroom till further orders

Bangalore, 11/2: In a big development,the three-judge full bench of the Karnataka High Court has passed an order restraining all the students, regardless of their religion or faith, from wearing saffron (Bhagwa) shawls, scarf, hijab, religious flags or the like within the classroom, until further orders. A full bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi passed this order requesting the state government to reopen the educational institutions and allow the students to return to the classes at the earliest.

The bench made it clear that the order is confined to the institutions where College Development Committees (CDC) have prescribed the student dress code/uniform.

“Ours being a civilised society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace and tranquility. Endless agitations and closure of educational institutions indefinitely are not happy things to happen. The hearing on these matters on urgency basis is continuing. Elongation of academic terms would be detrimental to the educational career of students especially when the timeliness for admission to higher studies/courses are mandatory,” the bench said.

The court expressed hope that all stakeholders and the public at large shall maintain peace and tranquility. The bench noted that the matters involve questions of enormous public importance and constitutional significance. “Firstly we are pained by the ongoing agitations and closure of educational institutions since the past few days, especially when this court is seized off this matter and important issues of constitutional significance and of personal law are being seriously debated. It hardly needs to be mentioned that ours is a country of plural cultures, religions and languages. Being a secular state, it does not identify itself with any religion as its own,” the bench said.

The court in its order further stated, “Every citizen has the right to profess and practice any faith of choice, is true. However, such a right not being absolute is susceptible to reasonable restrictions as provided by the Constitution of India. Whether wearing of hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs deeper examination,” the court said.