Hijab Ban in Karnataka: Case.

 

Students state that right against entry to classroom and right against practicing Islamic faith is violation of fundamental right under Articles 14 and 25 of the Indian Constitution.

A group of muslim students who were denied entry to the classroom at a Government run women’s college filed by a petitioner before the High Court of Karnataka under Article 14 and 25 of the Constitution of India [ Resham vs State of Karnataka and Ors]

The writ petition under Article 226 of the Constitution is filed by Resham Faroq on behalf of fellow students represented by her brother with a prayer to allow the right to wear hijab (headscarf) inside the classroom.

Shtatahanish Shivana, Arnav A. Bagalwadi and Abhisekh Janardhan are appearing for the petitioner.

The petitioner states that the right to wear headscarf is the fundamental right under Article and 25 of the Constitution as wearing headscarf is an essential practice of Islam. So taking away the practice of wearing hijab from women who profess the Islamic faith, results in a fundamental change in the character of the Islamic religion – they state.

The petitioner also states that right against entry to classroom is violation of fundamental right i.e right to education. Therefore petitioner seeks to permit her and fellow students to attend classes wearing headscarf without any interference from the college administration.

They claimed that the action of the college administration are unconstitutional, arbitrary and exclusionary in nature.

Further it was submitted, the manner in which they were ousted affected their mental health as well as the future prospects.

In December last year, students who were wearing hijab as part of their faith were denied entry into the classroom and they were forced to sit outside the classroom and till December 31^st they were marked “absent”.

They alleged to have faced humiliation from teacher and fellow students for defying college rules while the college administration alleged they were defying the rules by wearing hijab which is not part of the uniform.

Udupi MLA and the college development committee president K. Raghupati Bhat who met the protesting students in December at the college campus said students with headscarf will not be allowed enter the classrooms as per the decision of the education department.

The first hearing is expected to be held by end of this week.

Recently the Kerala Government has issued an order clarifying that  hijab or anything which highlights religious symbols cannot be allowed as part of the uniform of Student Police Cadet.