Hijab row: Religious dresses not secular, say respondents

Story by  ATV | Posted by  sabir hussain • 2 Years ago
Karnataka High Court
Karnataka High Court

 

New Delhi:

Respondents in the hijab row case told the Karnataka High Court on Wednesday that allowing religious symbols in educational institutions was against secularism.

A full Bench of the Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishan S Dixit and Justice JM Khazi continued hearing the respondents in the petitions filed by Muslim girl students, challenging the action of a government college in denying their entry for wearing a hijab (headscarf).  

Senior advocate Sajan Poovayya, representing College Development Committee (CDC), told the Court on the ninth day of the hearing that maintaining secular order is the paramount duty of the institution and the state as the basic constitutional value for institutions is to impart secular education.

Poovayya submitted that the basic constitutional value for it as a school is to impart secular values and dignity of girl child should be protected. "The basic constitutional value for me as a school is to impart secular education and to ensure the dignity of girl child is protected," said Poovayya.

Advocate Poovayya said that in a democratic society, community standard is maintained by rule of law and not by religious texts.
Countering the petitioner's pleas, he said allowing religious dresses in schools is not secular education.

He insisted that interference of religion in secular education should be kept to a minimum.

He also raised the issue that due to Muslim girls wearing Hijab, a situation has arisen where a Hindu child is saying he wants to wear a saffron scarf.

He asserted that uniform was for removing discrimination, whether they are rich or poor, whether Hindu, Muslim or another religion.

Opposing the petition against the ban on Hijab, he said that positive secularism has been misread and misquoted by the petitioners. He said that positive secularism clearly indicates that the state should endeavour that there should be no religious interference in educational institutions.

Poovayya also pointed out that the world is moving towards a uniform that is gender-neutral. He said that secular education is not just about academia and schooling is about overall development.

The Karnataka High Court will continue hearing on Thursday various petitions challenging the ban on headscarves in educational institutes.

The hijab protests in Karnataka began in January this year when some students of Government Girls PU college in the Udupi district of the state alleged that they had been barred from attending classes. During the protests, some students claimed they were denied entry into the college for wearing hijab.

Following this incident, students of different colleges arrived at Shanteshwar Education Trust in Vijayapura wearing saffron stoles. The situation was the same in several colleges in the Udupi district.

The pre-University education board had released a circular stating that students can wear only the uniform approved by the school administration and no other religious practices will be allowed in colleges.

Senior Advocate S. Naganand, appearing for government pre-university college, its principal and lecturers told the Bench that the petitioners had no objection in following the dress code until December 2021.

He said that the college uniform was announced in 2004, and it was only now, allegedly at the behest of a radical group that the students are "drum beating" the issue of hijab.

"This is a simple issue, let children come to school and don't wear the external symbols of religion. Now a right-wing association of Hindus wants to wear saffron shawls. Tomorrow, Muslim boys will want to wear skull caps. Where is this going to end?" he said according to Live Law.

The Court also clarified on its interim order restraining students from wearing any sort of religious clothes in classrooms.

“Our order is clear, it only applies to institutions with uniform. If uniform is prescribed it has to be followed by degree or PU College."

This was after an application was filed stating that colleges where no uniform is prescribed are also taking coercive action.