The Karnataka High Court on Tuesday has dismissed the petitions filed by Muslim girl students, seeking protection of their right to wear hijab in educational institutions in the state.
A three-judge bench comprising of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi upheld the Udupi Pre-University Government college order prescribing school uniform that banned hijab as well as the Karnataka government’s 5 February order that extended its support to the restriction.
“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith… The prescription of school uniform is only a reasonable restriction that is constitutionally permissible which the students cannot object to,” the High Court said.
The high court also held that the state government had the authority to pass the order it did on 5 February stating that students should wear uniforms and that there was no case made out for its invalidation. There were no grounds for disciplinary inquiries against school authorities that had denied entry to Muslim girls for failing to wear uniforms either, it added.
On 25 February, the bench had reserved judgment in the case after 11 days of the hearing.
In an interim order passed on 10 February, the Karnataka High Court had denied allowing Muslim girls to attend classes wearing hijab until final adjudication in the matter after several Muslim girls filed petitions requesting the protection of their rights.
