Allow us to wear headscarf that matches uniform: Udupi students to K\'taka HC

New Delhi: Challenging the government order restricting the use of any cloth that can disturb peace, harmony and, law and order, the girls who petitioned in favour of hijab requested the Karnataka high court on Monday to allow them to wear Islamic headscarves of the colour of the school uniform. The girls made the plea to the full bench of the high court comprising Chief Justice Ritu Raj Awasthi, Justice J.M. Khazi and Justice Krishna M Dixit.

"I am not only challenging the government's order but also asking for a positive mandate for allowing me to wear a headscarf of the same colour of the uniform," advocate Devadatt Kamat, appearing on behalf of the girls of the government pre-university college in Udupi, told the bench.

He also submitted that permitting Muslim girls to wear hijab and Sikh students' to wear head gear is a national practice in adherence to Article 25 of the Constitution. He mentioned that even Kendriya Vidyalayas permit hijab of the same uniform colour.

"Kendriya Vidyalayas even today permit by a notification, that even though they have a uniform, Muslim girls are permitted to wear a headscarf of the uniform colour,” Mr Kamat argued said. The court adjourned further hearing of the case to Tuesday.

He argued that headscarves are an essential religious practice, and restricting its use was violating Article 25 of the Indian Constitution.

Amid caution and heavy security, high schools in Karnataka reopened on Monday. There were prohibitory orders in Udupi and sensitive areas of Dakshina Kannada and Bengaluru. In some places, Muslim girls reached schools in headscarves but removed them before entering the institutions. Examinations scheduled for the day also took place in the institutions.

While arguing for the petitioners, Mr Kamat submitted that the Government Order (ban on hijab) is a non-application of mind and against Article 25, hence, it is not legally sustainable. “State is an outside authority, it cannot say that wearing a headscarf is essential practice or not. It has to be seen from the viewpoint of a believer," Kamat submitted.

Article 25 reads: "Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion."

The Article also says that nothing in it should affect the operation of any existing law or prevent the state from making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice and regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.

Mr Kamat argued where was the law as mandated under Article 25 regulating or restricting any economic, financial, political or other secular activity. The advocate for the Muslim girls also said the College Development Committee (CDC) comprising an MLA has been authorised by the government to decide the uniform. "A CDC comprising  an MLA is an extra constitutional authority and a third party to decide what to wear. The government has assigned its responsibility to this third party," Mr Kamat argued.

Earlier, Karnataka Chief Justice urged the media to be more responsible and ensure that they make an effort to maintain peace and tranquility in the state. 

requested the Karnataka high court on Monday to allow them to wear Islamic headscarves of the colour of the school uniform. The girls made the plea to the full bench of the high court comprising Chief Justice Ritu Raj Awasthi, Justice J.M. Khazi and Justice Krishna M Dixit.

"I am not only challenging the government's order but also asking for a positive mandate for allowing me to wear a headscarf of the same colour of the uniform," advocate Devadatt Kamat, appearing on behalf of the girls of the government pre-university college in Udupi, told the bench.

He also submitted that permitting Muslim girls to wear hijab and Sikh students' to wear head gear is a national practice in adherence to Article 25 of the Constitution. He mentioned that even Kendriya Vidyalayas permit hijab of the same uniform colour.

"Kendriya Vidyalayas even today permit by a notification, that even though they have a uniform, Muslim girls are permitted to wear a headscarf of the uniform colour,” Mr Kamat argued said. The court adjourned further hearing of the case to Tuesday.

He argued that headscarves are an essential religious practice, and restricting its use was violating Article 25 of the Indian Constitution.

Amid caution and heavy security, high schools in Karnataka reopened on Monday. There were prohibitory orders in Udupi and sensitive areas of Dakshina Kannada and Bengaluru. In some places, Muslim girls reached schools in headscarves but removed them before entering the institutions. Examinations scheduled for the day also took place in the institutions.

While arguing for the petitioners, Mr Kamat submitted that the Government Order (ban on hijab) is a non-application of mind and against Article 25, hence, it is not legally sustainable. “State is an outside authority, it cannot say that wearing a headscarf is essential practice or not. It has to be seen from the viewpoint of a believer," Kamat submitted.

Article 25 reads: "Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion."

The Article also says that nothing in it should affect the operation of any existing law or prevent the state from making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice and regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.

Mr Kamat argued where was the law as mandated under Article 25 regulating or restricting any economic, financial, political or other secular activity. The advocate for the Muslim girls also said the College Development Committee (CDC) comprising an MLA has been authorised by the government to decide the uniform. "A CDC comprising  an MLA is an extra constitutional authority and a third party to decide what to wear. The government has assigned its responsibility to this third party," Mr Kamat argued.

Earlier, Karnataka Chief Justice urged the media to be more responsible and ensure that they make an effort to maintain peace and tranquility in the state.