Sporting Of Hijab By Muslim Women Is Not Essential Religious Practice: Karnataka High Court

Bringing down the curtains on the Hijab row, at least for now, the Karnataka High Court has pronounced its verdict saying wearing of the Hijab by Muslim women is not essential religious practice.

Dismissing all writ petitions filed by the Muslim students who sought permission to wear Hijab in colleges challenging the Government order dated 5 February 2022, the court said "The prescription of the school uniform is only a reasonable restriction constitutionally permissible which students cannot object to".

Chief Justice Ritu Raj Awasthi heading the three-member bench pronounced the order. The court said it had formulated few questions and answered them accordingly taking a ‘holistic view of the entire matter’.

The three questions were

1. Whether wearing Hijab/headscarf is a part of essential religious practice in Islamic faith protected under article 25 of the constitution?

2. Whether prescription of school uniform is not legallypermissible as being violative of the petitioner‘s fundamental rights inter-alia gurateed under Article 19 i.e freedom of expression, and Article 21 i.e privacy, of the constitution.

3. Whether the GO dated 05-02-2022, apart from being incompetent, is issued without application of mind and further is manifestly arbitrary and therefore violates Article 14, 15 of the constitution?

4. Whether any case is made out in writ petition number 2146 or 2022 for issuance of a direction for initiating disciplinary enquiry against respondent number 6 -40 and for issuance of writ of co-warranto against respondent number 15,16.

The court pronounced the verdict through answers to these three questions saying:

”We are of the conceded opinion that …

- wearing of Hijab by muslim Women doesnt form a part of essential religious practice in Islamic faith.

- that prescription of the school uniform is onlya reasonable restriction constitutionally permissible which the students cannot object to.

- the government has the power to issue the impugned GO dated 05.02.2022 and no case is made out for its invalidation

- No case is made out in writ petition 2146 2022 for issuance of a direction for initiating disciplinary enquiry against respondent number 6 -40. The prayer for issuance of writ of co-warranto against respondent number 15,16 is rejected being not maintainable.

“Accordingly in the above circumstances, all these writ petitions being devoid of merits are liable to be and accordingly are dismissed. In view of dismissal of these writ petitions, all these pending applications pail in significance and are accordingly disposed off” the court added.