K'taka hijab row: Being discriminated on basis of religion, petitioners tell HC; hearing to resume tomorrow

Amid the Karnataka hijab controversy which is heating up, a group of petitioners told the Karnataka High Court they were being discriminated against on the grounds of religion, according to several media reports.

Advocate Ravivarma Kumar, appearing on the behalf of a group of petitioners challenging the ban, called it a "draconian measure" and inquired why a person sporting a religious symbol should not be allowed to attend classes if the army "allows people wearing turbans", as per Bar and Bench.

"Hijab is worn only by Muslims. Goonghat is permitted, bangles are permitted, Why not ban on crucifix of Christians. Why not turban of Sikhs?" Kumar asked the court.

The hearing will resume tomorrow.

According to Live Law, Kumar further referred to Rule 11 of the Education Rules and said that educational institutions should give one-year advance notice to parents for changing uniform.

"If there was to be a ban on hijab, the notice ought to have been given one year in advance," he said.

On being asked by the chief justice if a uniform can't be prescribed to maintain academic standards, Kumar said, "With great respect, academic standards have no relation with a uniform. Academic standards deal with student-teacher, syllabus etc. CDC cannot have police powers over the students."

Kumar also submitted that the CDC cannot have police power over students.

As per Live Law, referring to the composition of CDCs, Kumar said that it consists of MLAs. He asked if MLAs could be treated as subordinate to the government. He added, "In our Constitution, it is the representative of peoples who hold the govt accountable. The hallmark of our democracy is holding the govt accountable by elected representatives. How can they be regarded as subordinate to govt?"

Kumar said, "Everything is wrong to give MLAs administrative powers. That will be a death knell to our democracy. MLAs are to be fearless on the floor of the house. They can't be made subordinate to the government."

"In south India, people are fond of religious symbols. Even our teacher used to come with religious symbols. Either in foreheads or wearing caps. There was a temple elephant. The question was what type of symbol should be put on the forehead of the elephant," he added.

Kumar said, "This is only because only of her religion that petitioner is being sent out of the classroom. A bindi wearing girl is not sent out, a bangle wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is a violation of Article 15."

"You are saying Article 15 prohibits discrimination on the basis of religion. But this saying wearing of the headdress of all religions is banned," asked the chief justice. In response, Kumar said that a hijab is worn only by Muslims. He added that ghoongats and bangles are permitted.

As per Live Law, Kumar further said that the goal of education is to promote plurality, not to promote uniformity or homogeneity, but heterogeneity. He added that a classroom should be a place for recognition and reflection of diversity in society.

"My submission is that if people wearing turban can be in the Army, why not a person sporting a religious symbol be allowed to attend classes?" Kumar asked.

Senior advocate Yusuf Muchhala began his submissions by asking why the PTA committee was not consulted and what the tearing hurry was. He said that the practice of wearing headscarves was there since the time they took admission in schools, Live Law said.

"Why are Muslim girls who conscientiously believe that they should wear headscarves be put to a Hobson's choice regarding education and faith? Is it fair?" Muchhala asked.

He added that the GO goes against communal harmony, Live Law said.

Concluding his submissions, Muchhala said, "The action is totally disproportionate."

As schools in Karnataka reopened for classes up to standard 10 amid the Hijab row, state's Home Minister Araga Jnanendra on Wednesday informed that the overall situation is peaceful, except for a few reported incidents of alleged denial of entry to girl students into schools with headscarves and Burqa, ANI reported.

Speaking with ANI, Jnanendra said, "The overall situation is peaceful. Few incidents were reported (on alleged denial of entry for girl students into schools with their headscarves and Burqa). Everywhere students are wearing hijab till the premises and removing it while entering the campus." Further, the Karnataka Home Minister said that the state government is following the interim order passed by the High Court.

"If anyone violates the order, action will be taken as per law," he said.

Meanwhile, prohibitory orders under Section 144 have been imposed in the vicinities of pre-university colleges and degree colleges in the Udupi district.

Allegedly, some students were asked to sit in a separate room as they refused to appear for exams without wearing their headscarves in Shivmogga and Udupi cities of the state, as per ANI.

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