Government Pre-University College in Udupi in Karnataka gave a separate room for girls wearing hijab, igniting irreconcilable concerns against discrimination.
Karnataka High Court : After the Govt. Pre-university (PU) College in Udupi, Karnataka allowed female students to wear hijabs on premises but asked them to sit in separate rooms. The controversy erupted when at college after 12 girls submitted a jotting to the principal then only, they were allowed to wear hijab in classrooms which ignited irreconcilable thoughts about the system and discrimination among people based on their religion or choices.
Later Several other government colleges/ schools in Udupi started to prohibit female students from wearing hijab/burqa into the premises.
Karnataka High Court: Law and Order on the Matter
Advocate Devadatt Kamat, was the first lawyer who represented female students in the Karnataka High Court, arguing in favour of their right to wear hijab/burka. After hearing of the case on Friday 11th February,2022.
Devadatta was later criticized by right wings accusing him of disregarding Hindu Sculptures in course of defence.
Swami Bhaveshanand remarked how Kamat was a very Spiritual devotee person, and some elements are trying to frame Kamat against the Hindu religion and later added that,
“He is a Devout follower of Ramakrishna Vivekananda Philosophy and that he is too from a spiritual background.”
Kamat Appeared on behalf of the Muslim students in the high court, appealing that hijab and hijab is part of the essential religious practice for Muslim girls and if they could be allowed to wear hijab/Burkha in classrooms till the order was passed concerning the government rule made by the state.
But that request was turned down by the High Court bench, led by Justice Ritu Raj Awasthi, saying,
“That it is only a matter of a few days.”
And a Few days later on March 15th 2022, Chief Justice Ritu Raj Awasthi, Chief Justice Krishna Dixit and J.M. Khazi, a three-judge bench of Karnataka High Court validated the ban on hijab in the State’s Educational institutions.
Karnataka High Court Ban And Effect: 17000 Girls Abstained Exams
(Source: Zee News img)
After the Ban of Burkha/hijab for students in any educational Institutions. Leading to this a backlash of community occurred and after the high court’s judgement many pleas have been filed against the verdict of March 15th, 2022, according to which wearing hijab is not, particularly part of the major religious practices and that can be protected under the act of Article 25 of the constitution.
Senior Advocate Huzefa Ahmadi is handling the case in the supreme court on behalf of the Muslim students and thereby opposing the Karnataka High Court’s verdict about banning the hijab, and due to these thousands of students have disregarded examinations said Huzefa in the supreme court.
The Bench in the supreme court of Justice Hemant Gupta and Sudhanshu Dhulia asked,
“Do you have these authentic figures of that because of this hijab ban and the judgement of Karnataka High Court 20, 30, 40 or 50 students have dropped out?”
Huzefa told the bench, “My friend (one of the lawyers) informed me that it is indeed the case and that 17000 Muslims students have abstained from exams.”
The bench questioned the credibility and asked, “We do want to say anything about reports that we didn’t accept. The issue of the dropout rate was never raised in High Court. You are arguing for the first time.”
To which Huzefa replied, “The Muslim students are stereotypes that have lived in madrasas but have recently broken the stereotypes and joined secular educational institutions and now school and institutions have taken it away from them.”
Senior Advocate Rajeev Dhavan appeared in court for another petition which said the ruling party is just targeting the Muslim community and women from their faith and therefore violating articles 14 and 15 of the constitution of India. He later added, “Such Discrimination is against the law and constitution”.
PUCL ON The BAN
As the Supreme court continues to hear about petitions on the hijab ban in HC, the human rights body, People’s Union of Civil Liberties (PUCL) also looked into the matter and to understand the impact of the ban on students in the urban and rural areas of the state.
Later, after the study PUCL, reported that “The Ban has compelled many Muslim women to choose between the law or the religion, the education or the attire – and this has taken a turn for worse because of the high courts Ban now many women and children are too scared to go to school/college alone because the harassment that they have been facing after the high court’s verdict to uphold the government order on the hijab ban.
PUCL further added, “That in each district there some nuisance and certain struggle that these girls are facing. and that now if we don’t stand with these girls at this turning point of their lives, we’ll be failures as civil society and to be able to stand and fight with the first we need to understand the depth and gravity of the situation the BAN has caused.”
(With inputs from Multiple Media Outlets)
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