High Court REMOVES THE VEIL
Hijab not an essential Islamic practice; Even Holy QURAN 'does not mandate wearing of hijab;' the wearing of the apparel is recommendatory
Wearing hijab is not an ' act of conscience' under islam, to be protected under article 25, which guarantees the right to freedom of conscience and propagation of religion
Prescription of uniform is a reasonable restriction to fundamental right. In school, individual rights which may go against dispipline and decorum take backseat is
The High Court on Tuesday dismissed a batch of pleas by student petitioners against the ban on wearing hijab in classrooms in the State.
Dismissing the pleas, a full bench headed by Chief Jus tice Ritu Raj Awasthi and comprising fellow judges Kr. ishna S Dixit and JM Khazi said their arguments are'devoid of merit' and so are not maintainable.
The student petitioners immediately filed an appeal in the Supreme Court, challenging the verdict.
The verdict is likely to come as a big political windfall for the Bommai government as it is likely to lead to further consolidation of Hindu votes, while the minority Muslim votes, which in any case never came into the BJP's kitty, would get split between the Congress and the JD(S).
While delivering the crucial verdict, the High Court raised and answered three broad questions on hijab - whether or not it is an essential religious practice; whether or not prescribing a uniform violates fundamental rights; and whether the Karnataka government's order on February 5, 2022, mandating a uniform is arbitrary and violates rights. This is what the bench said:
The court categorically
said the wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith. Citing the Holy Quran, the court said that it "does not mandate wearing of hijab or headgear for Muslim women" and that "there is sufficient material in the Quran to support the view that wearing hijab has been only recommendatory."
"At the most, the practice of wearing this apparel may have something to do withculture but certainly not with religion," the court said and added that because there is no punishment or penalty for not wearing hijab the purpose of the apparel, ‘at the most, is to gain access to public places and not a religious end in itself.
"What is not religiously made obligatory, therefore, cannot be made a quintessential aspect of the religion through public agitations or by the passionate arguments in courts," the High Court said.
The High Court also said that the petitioners have not.
Muslim community in city divided on Karnataka High Court on Hijab ban
Rifusing striked downthe state gov Lernment's hijab ban and dismissing petitions by students, the three Judges of the Karnataka High Court on Tuesday said. "We are of the con. sidered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic
.
Mumbai had a mixed reaction to the order. While some community members in the city have backed the ban in classrooms, others felt disappointed. Many of them told the Free Press Jourmal that there is a lack of Correct religious information at the judicial level. The community has also pointed out that despite secularism there is a certain level of unfair treatment when it comes to the Muslim community as compared to other religions in the country.
Others felt that the entire issue of the hijab ban has been a propaganda tool and has been overly hyped and made into a religious debate for political reasons.
Farid Shaikh, a social worker and Aman Committee chief, said, "I feel that the rules of the school should be followed. If schools want compulsory uniforms, then the students should follow it. This hijab row is purposely being thade into a big issue. I support the Karnataka High Court's decision, which will make things settle down. Moreover, with regard to wearing hijab by the women of our community, it is a religious practice but the rules of the schools should not be overlooked."
Colaba resident Sana Shaikh said, "Why aren't women allowed to make that decision for themselves? This clearly shows that the right and the freedom to follow one's religion is still questionable in our country, especially for women."
Political science teacher Sumayya Sayed said hijab is a religious obligation but depends on choice. She said, "The judges can't really decide on any religious matters with complete expertise. Many a time, it is ques tionable and lots of prob. lematic cases have emerged, not just for the Muslim community DUIT also for other religious community
Comment
The judges can't really decide on any religious matters without complete expertise. Many a time, it is questionable and lots of problematic cases have emerged, not just for the Muslim
community but also for other religious communities
I strongly disagree with the judgement. A courts can't be the arbiter of our faith and hijab in an essential practice of Islam as quoted in Chapter 24, verse 31. The State is duty-bound to treat and respect all religions equally.
RAHILA SONI Campus In-charge, Girls
Islamic Organisation Maharashtra South Zone
The decision that the court has taken about the continuation of hijab ban is Ü due to the lack of correct information regarding our religion that has reached the court. The Sikh community is allowed to wear turbans but our women are forced to not wear a hijab. So I think once the correct information reaches the court, they will co take a proper decision.
MAULANA AYYAN
