New Delhi: The Karnataka high court has concluded the 11-day hearing related to the ‘hijab ban on Friday, February 25, but reserved its order.
“Heard. Order reserved,” Chief Justice Ritu Raj Awasthi said.
The court asked the petitioners and intervenors to file written submissions, if any, before the bench.
The bench, constituted on February 9 and comprising the Chief Justice, Justice Krishna S. Dixit and Justice Jaibunnisa M. Khazi, heard on a day-to-day basis over the last two weeks a batch of petitions filed by Muslim students seeking permission to enter the classroom from which they were barred because they wore the hijab.
The students had been denied entry into a pre-university college for girls in Udupi. While Muslim students protested against the move, rightwing Hindu groups mobilised counter-agitations against the hijab in classrooms.
LiveLaw has reported that during the course of the hearing on the final day, the bench heard rebuttal arguments for petitioners by senior advocates Yusuf Muchhala and Ravivarma Kumar and advocate Mohammad Tahir.
The court also dismissed a public interest litigation seeking to restrain reporters from chasing students and teachers wearing coverings near educational institutions.
The hijab issue had gained nationwide attention. The Karnataka government closed all educational institutions and reopened them in a phased manner.
In the meantime, in its interim order, the Karnataka high court bench restrained students from wearing religious attire till the court issued a final order.
Several reports have come in of teachers, students and other staff being forced to take off their hijab before entering schools and colleges.
During the course of the hearings, the petitioner students had said that the hijab was being targeted in a move of hostile discrimination, even though many religious symbols exist.
“If there are 100 symbols, why is the government picking on only hijab?…Bangles are worn. Why only pick on these poor Muslims girls?” senior advocate Ravivarma Kumar had said on behalf of the petitioners. He had also also referred to Article 15 of the constitution, saying “Goonghat is permitted, bangles are permitted, Why not ban on crucifix of Christians. Why not turban of Sikhs?”
The Karnataka government told the high court that there is no restriction on wearing hijab in India with reasonable restrictions subject to institutional discipline and dismissed the charge that denial to wear the headscarf was a violation of Article 15 of the Constitution, which prohibits discrimination of every sort.