Karnataka: Muslim Student File Writ Petition With HC Over Hijab Row, Says It’s Her Fundamental Rights

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The recent decision of the pre university government college for girls to ban Hijab, forced students to file a petition in the Karnataka High Court, against the recent orders of the Karnataka Government.

Rehman Farooq, a Muslim student of state run, pre university (PU) college for girls in Udupi, filed the petition, after they were not allowed to enter classes with Hijab.  Opposing the decision, the student filed a writ petition seeking a declaration that wearing a hijab (headscarf) is a Fundamental Right guaranteed under Article 14 and 25 of the Constitution of India.  She further said, wearing Hijab is an essential practice of Islam.  The petition was filed through Advocates Mr. Shathabish Shivanna, Mr. Arnav A. Bagalwadi and Mr. Abhishek Janardhan.

In her plea, the student stated that the Constitution of India guarantees the Freedom of Conscience and the right to profess, practise and propagate religion.  However, the State has a right to interfere with religious matters only if it involves an issue relating to public order, morality and health.

The move taken by the girl came after she was denied entry in class for the past few weeks.  The college authority said, wearing Hijab is a serious violation of their dress code, following which they would not be allowed in classes.  The college had reportedly also banned the use of Hijab, the Urdu language, and the Arabic greeting (Salaam), recently, following which the students stood outside classrooms in protest of the college’s decision.

The principal of the college, Mr. Rudhra Gauda had earlier refused to discuss the issue with the parents.  He further said, students have always been removing hijab and burqa after they enter classrooms. He says that under the insistence of some groups only a few Muslim students are making this a controversial issue.

The Karnataka High Court formed a committee to look into the matter and until the decision is made, the protesting students were asked to attend online classes. 

Meanwhile, the National Human Rights Commission (NHRC) issued notice to the Karnataka Government, asking them to rethink their decision.  The NHRC said, “Facts of the case are disturbing. The allegations made in the complaint are serious in nature involving ‘Right to Education’.  The case, therefore, involves a grave violation of human rights of the victim students.”

The issued notice has also been sent to Magistrate of Udupi and the concerned official of the Education Department, asking for reports within four weeks.

Stay tuned for further updates. 

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