Hijab is not an essential religious practice: Karnataka High Court

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Bengaluru: Karnataka High Court on Tuesday in its Judgement said that hijab is not an essential religious practice as it backed a ban on hijabs in classrooms. Karnataka High Court also said that two categories of girl students will create ‘social-separateness’, which is not desirable.

Karnataka High Court in its Judgement said that wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith. It is not that if the alleged practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory and it ceases to be a religion. Issue of hijab is generated and blown out of proportion by the powers that be. Some unseen hands are at work to engineer social unrest and disharmony, said the Court.

The idea of schooling is incomplete without teachers, education and a uniform. The prescription of school uniform is only a reasonable restriction constitutionally permissible which the students cannot object to. Court gave an example that Moghuls or British did not bring uniform but it was there since the ancient ‘Gurukul’ days. Several Indian scriptures mention Samavastra or Shubhravesh in Sanskrit, the English near equivalent for uniform.

The school uniform ceases to be uniform if Hijab of same colour is allowed. The aim of the regulation is to create a safe space where such divisive lines should have no place, said Court. Adherence to dress code is a mandatory for students. The Government has power to issue the order banning clothes that could disturb peace, harmony and public order and no case is made out for its invalidation.

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