Karnataka High Court Upholds Hijab Ban, Says ‘Not Essential Religious Practice’, Students To Approach SC

The Karnataka High Court on Tuesday upheld the State government order banning the wearing of hijab by Muslim girl students in educational institutions in Karnataka.

Upholding the ban, a three-judge bench led by Chief Justice Ritu Raj Awasthi, adjudicated that the wearing of hijab is not an essential religious practice in Islam.

“Wearing of hijab is not an essential religious practice in Islam and thus, is not protected under Article 25 of the Constitution”, the judgment read. 

Accordingly, the court dismissed the petition filed by Muslim female students that challenged the ban on hijab in colleges.

Bringing in another setback to the Muslim girls, the court also said that the prescription of school uniforms by the State is a reasonable restriction under Article 25. It also added that the government order issued by the state on February 5 is not violating the rights of Muslims. 

The Hijab protests started in Udupi towards the end of December 2021, when six students were restricted from attending class wearing the headscarf. Following media coverage of the incident, as the protests spread to several colleges, the ABVP backed by VHP and Bajrang Dal in the district accelerated counter saffron shawl protests in opposition to the Hijab.

The Karnataka High Court had temporarily banned religious clothes, including Hijab and saffron scarves after the Muslim students approached the court.

The petitioners told the court that wearing the hijab was a fundamental right guaranteed under India’s constitution and essential practice of Islam. After eleven days of the hearing, the High Court had reserved its judgment on February 25. 

Shortly after the High Court order, Anas Tanwir, a Supreme Court lawyer, tweeted that students in Udupi college will approach the Supreme Court. 

“Met my clients in Hijab matter in Udupi. Moving to SC soon InshaAllah. These girls will continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution (sic),” his tweet read.