Practice Of Hijab Must Pass The Test Of Constitutional Morality, Karnataka Govt Tells HC
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The AG also contended before the High Court that the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution, which guarantees religious freedom.
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The Karnataka government on Friday said that the practice of hijab must pass the test of constitutional morality and individual dignity outlined in the Sabarimala verdict by the Supreme Court.
Advocate General Prabhuling Navadgi, who was arguing on behalf of the state government, made this remark on day 6 of the hearing of the petitions challenging the hijab ban in educational institutions.
He also contended before the High Court that the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution, which guarantees religious freedom, news agency PTI reported.
“We have taken a stand that wearing hijab is not an essential religious part of Islam,” AG Navadgi told the full bench of the High Court comprising Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna M Dixit.
The AG also rejected the charge that the February 5 government order, which barred students from wearing hijab or saffron scarves in educational institutions, violated Article 19(1)(a) of the Constitution. He said that the government order was in accordance with the law and there was nothing to object in it.
He added that the state government has only ordered that the students should wear uniforms prescribed by colleges. “The state government does not want to intervene in religious matters,” he said.
The hearing in the case is set to continue on Monday, February 21.
Meanwhile, the HC declined a plea to restrain live streaming of proceedings related to hijab case. Senior advocate Prof Ravi Varma Kumar, representing the petitioners, claimed that live streaming was causing a lot of unrest in the society as the observations were taken out of context.
According to him, the live streaming has become “counterproductive and children were put to hardship”.
However, Chief Justice Ritu Raj Awasthi said: “Let the people understand what is the stand of the respondents also.”
As a few more fresh petitions were filed, Justice Awasthi requested the petitioners that the counsels for the fresh petitions can take only 10 minutes so that respondents can also be heard.
Last week, the High Court had issued an interim order pending consideration of all petitions related to the hijab row, banning all the students from wearing saffron shawls, scarves, hijab and any religious flag within the classroom.