Karnataka HC’s Blow To Girl Students Demanding Hijab
Karnataka HC’s blow to girl students demanding hijab, Chief Justice said – cannot insist on religious dress, schools-colleges should be opened.
The Karnataka High Court has adjourned till Monday hearing on petitions challenging the state government’s rules on dress code in schools.
During the hearing on Thursday, the court kept several issues under consideration. During the hearing, the court said that orders should be issued to reopen the colleges.
Chief Justice Ritu Raj Awasthi has said that students cannot insist on the religious dress from schools and colleges. The court has also directed to restore peace in the area.
Karnataka HC’s blow to girl students: Hearing by a bench of three judges.
Significantly, on Thursday, a three-judge bench heard the matter in the court.
On Wednesday, Chief Justice Ritu Raj Awasthi had constituted a three-judge bench, which includes herself, for hearing on Wednesday.
He was accompanied by Justice Krishna S Dixit and Justice J M Khaji on hearing various petitions related to the issue today.
During the hearing, the counsel for the petitioner gave several arguments against the decision of the government.
The argument for not having special provisions on uniforms.
Advocate Sanjay Hegde, appearing for the petitioner, argued in the court that in the Karnataka Education Act, there is no special provision related to uniform.
At the same time, remembering the old days, he said that even in earlier times there was no provision of uniform.
On the other hand, the minister in Karnataka government B.C. Nagesh said that schools should be opened, if this happens then I will be very happy.
When no interim relief has been granted, every institution has the right to fix its own dress as per the notification of the Act. Accordingly, the school should be run.
Advocate Sanjay Hegde said that in earlier days uniform was the subject matter of school.
After a long time, uniforms have come for the colleges.
He said that there is no provision of punishment for violation of the Uniform Code. In the Karnataka Education Act, the penalties are for management at large.
Many cases are pending in court.
During the hearing of the case, the State High Court has said that at present they are considering the issue, ‘Does wearing a headscarf come under Fundamental Rights.’
The court said that at the same time they are also considering whether Wearing a headscarf is an essential part of religious practice.
