Karnataka hijab row in HC: Colleges cannot decide on banning hijab, say petitioners

The petitioners in the Karnataka hijab case argued that the government order giving colleges the right to decide whether to allow hijabs in campuses is 'totally illegal' as college committees do not have any legal basis.

Petitioners in the Karnataka hijab case argued that wearing a headscarf is protected under Article 25 and the college does not have the legal basis to decide whether to allow hijab or not.

The petitioners said that the government order that states that wearing hijab is not protected by Article 25 is 'totally erroneous'.

Can a College Development Committee, consisting of MLA and subordinates, decide if this exercise of a right is permissible, asked petitioners.

The three-judge bench comprising of Chief Justice of Karnataka High Court Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi was hearing the submissions by Advocate Devadatt Kamat, representing the Muslim students of Kundapura college.

Advocate Kamat said, "To allow the College Development Committee to decide whether to allow students to wear headscarves or not is totally illegal. The only restriction that can be imposed under Article 25 is public order, which can only be imposed by the state. Can a college development committee consisting of an MLA and some subordinates decide on exercising fundamental freedom? How can a statutory authority be made the guardian of our fundamental rights?"

While the petitioners urged the court to allow girls to attend classes in hijab and continue with their education, the government argued that it would be necessary to find if hijab is essential in Islam.

The petitioners further argued that state being an outside authority, cannot decide whether hijab is essential practise or not.