Bengaluru, Feb 11 : The question before Karnataka High Court is not whether wearing hijab in the classroom is part of fundamental right of female Muslim students, but is it a part of essential religious practice of Islam, which is made very clear in interim observations made by the three-judge bench in its order. “It hardly needs to be mentioned that ours is a country of plural cultures, religions and languages.
Being a secular State, it does not identify itself with any religion as its own. Every citizen has the right to profess and practise any faith of choice, is true. “However, such a right not being absolute is susceptible to reasonable restrictions as provided by the Constitution of India. Whether wearing of hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs a deeper examination,” the Court observed in its order, a copy of which is in possession of this news agency.
The Court also observed that no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace and tranquility. It further observed that the interest of students would be better served by returning to the classes than by the continuation of agitations and consequent closure of institutions. “The academic year is coming to an end shortly. We hope and trust that all stakeholders and the public at large shall maintain peace and tranquility,” it noted. In the prevailing circumstances, the Court ordered the state government and all other stakeholders to reopen the educational institutions and allow the students to return to the classes at the earliest.
Pending consideration of all these petitions, the Court restrained all the students regardless of their religion or faith from wearing saffron shawls (bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders. The Court also made it clear that the order is confined to such institutions wherein the College Development Committees have prescribed the student dress code or uniform.
