New Delhi
The Karnataka High Court has referred the petition of a Muslim college girl from the Upudi district of Karnataka challenging the ban on hijab by her government college, to a larger bench. Justice Krishna S. Dixit noted that matter gives rise to certain constitutional questions of seminal importance about personal law, which must be decided by a larger Bench.
The ball is now in the court of the Chief Justice, who will have to make a call on the petition.
According to the Live Law portal, the judge observed: "Having regard to the enormity of questions of importance which are debated, the court is of the considered opinion that the papers be put at the hand of the Chief Justice to decide if a larger bench can be constituted in the subject matter."
The High Court also refused to grant any interim relief to any side.
The Court has to decide on the question of whether the wearing of hijab is part of the religious practice of Islam and whether State interference in such matters is warranted.
The court is also called to consider whether the wearing of hijab involves one’s right to expression under Article 19(1)(a) of the Constitution and whether restriction can be levied only under Article 19(2).
According to Live Law, as the hearing began on the second day on Wednesday, Justice Krishna said that he feels the matter required consideration of a Larger Bench.
He also referred to the orders of “neighbouring High courts” that were spoken of in the hearing on Tuesday.
The Kerala High Court had declared hijab as an essential religious practice of Islam and had allowed two Muslim girl students to wear it while appearing for the CBSE All-India Pre-Medical Entrance Test (AIPMT) in 2016.
Similarly, the Madras High Court had observed that there is almost unanimity amongst Muslim scholars that purdah is not essential but covering of head by scarf is obligatory.
The petitioner, however, asked the court for an early decision on the issue.
Sanjay Hegde, the lawyer for the petitioner, argued that the question involved in this case is whether there is a power with the State to prescribe a uniform.
When the matter was first heard on Tuesday, the Court appealed to the students and the public at large to have faith in Constitution and maintain peace and tranquillity.
The petitioner claims that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19, and 25 of the Constitution.
In a written submission to the court, the State of Karnataka said: "The feeling of oneness, fraternity and brotherhood shall be promoted within an institution. In educational institutions, students should not be allowed to wear identifiable religious symbols or dress codes catering to their religious beliefs and faith. Allowing this practice would lead to a student acquiring a distinctive, identifiable feature which is not conducive for the development of the child and academic environment."
It was the stand of the college that petitioners and other similarly placed students have violated the dress code of the college by merely wearing a hijab.