States and UTs

Karnataka Hijab Row: Keep Emotions Away, Will Go By Constitution: HC

Feb 8: The Karnataka HC has begun hearing the petitions seeking to allow students to enter colleges and schools wearing hijab. Justice Krishna Dixit started proceedings by saying, “We will go by reason, by law, not by passion or emotions. We will go by what the Constitution says.”

“The Constitution is the Bhagavad Gita for me. I have taken the oath to abide by the Constitution,” he said, adding that he has been bombarded with WhatsApp messages over the issue and that students protesting is not something that is seen everyday.

In response to advocate Kamat asking for generosity to allow students to wear the same colour scarves, the judge observed that the Karnataka government has already taken a stand on the headscarf. “If the state is unwilling to budge, we have nowhere to go,” he added.

Following this, advocate Kamat quotes the Quran. Referring to verse 24.31 and verse 24.33. He said that they talk about a head scarf or veil over the head as an essential religious practise. He added that these two injunctions in the Holy Quran have been interpreted in several decisions from India to abroad.

He added that what constitutes an essential practise has to be determined based on religious beliefs alone and not on secular notions.

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