Hijab row: Karnataka HC reserves verdict on petitions after 23 hours of hearing

Petitions filed by nine Muslim girl students from two govt. PU colleges from Udupi district

After a marathon hearing of nearly 23 hours spread over 11 days, the High Court of Karnataka on Friday reserved its verdict on the petitions filed by nine Muslim girl students, who are studying in two government pre-university colleges in Udupi district, questioning the denial of permission to wear hijab (headscarf) in classrooms.

A three-judge special Bench, consisting of Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit, and Justice Jaibunnisa M. Khazi, started hearing the arguments on the petitions on February 10 after a judge on February 9 said that important constitutional issues raised in the petitions required consideration by a larger Bench. The hearing took place for an average of two hours a day.

The main contention raised on behalf of the petitioners was that wearing of hijab is their fundamental right under the right to freedom of religion guaranteed in the Constitution of India while claiming that the hijab is an essential religious practice as prescribed in the Koran.

It was also argued on their behalf that they cannot be barred from wearing the hijab in classrooms as there is no law at present restricting wearing of hijabs in classrooms.

Contesting the petitioners’ claims, it was contended on behalf of the State Government that the hijab is not an essential religious practice, and the freedom of religion can be subjected to reasonable restrictions under constitutional provisions for maintaining institutional discipline.

The Government has also claimed that educational institutions can impose dress code/uniform prohibiting religious attire to ensure secular education.

Meanwhile, the Bench on Friday reserved its verdicts on two PIL petitions connected to the hijab row.