Karnataka HC Directs Students Not To Wear ‘Religious Dress’ Till Verdict

“There is no prescribed penalty for violation. Even if some penalty has to be imposed, Your Lordships should examine whether keeping children away from classes is a proportionate penalty.”

SRINAGAR — The Karnataka High Court today said that it would pass an interim order restraining the petitioners in the Hijab ban matter and other students from wearing any religious garment or headdress, till the matter is disposed of, Bar and Bench reported.

The Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi orally remarked, “We will pass an order that let the institutions start, but till the matter is pending, these students and stakeholders will not insist on wearing any religious garment or head dress. We will restrain everyone. We want peace and tranquility. Till the disposal of the matter, you people should not insist for wearing all these religious things. We will restrain everyone (in the interim) from adopting all these practices.”

The Court was hearing a batch of petitions filed by Muslim girl students in the State claiming that they are not being allowed to enter colleges on account of the government order which effectively bans the wearing of the hijab (headscarves).

Appearing for one of the petitioners, senior advocate Sanjay Hegde said, “We would argue on the Constitutional questions raised in the petition, as well as statutory questions and questions on the Rules involved in this case.”

He said, “Since September 2021, petitioners were facing discrimination, marked absent and made to stand outside the class.”

It was his submission that in the Karnataka Education Act, there is no specific provision that deals with uniforms. Ongoing through the Rules framed under the Act, he said, “There is no prescribed penalty for violation. Even if some penalty has to be imposed, Your Lordships should examine whether keeping children away from classes is a proportionate penalty.”