The Karnataka hijab matter was heard for the fourth straight day in the high court on Wednesday, with the chief justice hearing arguments from Muslim students who had challenged curbs on wearing headscarves on educational campuses.
Appearing on behalf of the students, advocate Ravi Varma Kumar asked the high court why no other religious symbol is considered in the impugned government order. “Why only hijab? Is it not because of their religion? Discrimination against Muslim girls is purely on the basis of religion and hence hostile discrimination.”
“We are not permitted, we are not heard, but punished straight away. Can it be more draconian? Can they be called teachers?” added Kumar.
He also referred to Article 15 of the Constitution and said the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. “In this case, I am being discriminated against only because of my religion.”
To this, the HC said: “You say Article 15 prohibits discrimination on the grounds of religion. But the rule prohibits headdresses for everyone, and not only to one particular section.”
Bringing references to ghoongat, turbans and bangles, the petitioner asked the court why hijab-clad girls are being singled out. “Ghoongats are permitted. Bangles are permitted…Why only this, why not the turban of a Sikh, the cross of the Christians?”
“A bindi-wearing girl is not sent out, a bangle-wearing girl is not sent out. A Christian wearing cross is not touched. Why only these (hijab-wearing) girls? This is a violation of Article 15,” Kumar added.
The petitioner also referred to a research paper based on a comprehensive survey done on religious clothing and symbols. “Many Indians display their religion through attire. Half of the Hindus and Muslims, majority of Christians say they generally wear a religious pendant. Most Sikh men keep hair long.” The court, however, questioned the “authority and authenticity of the paper”, and asked for its representative sample.
The HC later adjourned the matter till Thursday afternoon.
The hijab row has flared up in the state since the last week of December after some hijab-clad schoolgirls were denied entry from entering college, prompting massive protests in the state. The state government had earlier this month invoked the Karnataka Education Act, forbidding on educational campuses any piece of cloth that affects harmony, equality and public.
In the wake of the controversy, the state government has clamped prohibitory orders under section 144 in several cities and districts, including Bengaluru, Tumakuru, Koppal, Davangere and Ramanagara. The orders remained enforced in close vicinity of pre-university and degree colleges to prevent violence around educational campuses.
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